In Re: Gnanaprakasam

Kunhamed Kutti, J.—The Petitioner was charged for an offence u/s 282 of the City Municipal Act and on conviction the learned Fifth Presidency Magistrate, Egmore, sentenced him with a fine of Rupees one hundred and fifty and in default to simple imprisonment for one month.

Section 282(1) of the City Municipal Act is to the effect that

the owner or occupier of any stable, veterinary infirmary stand, shed, yard or other place in which quadrupeds are kept or taken in for purposes of profit shall apply to the Commissioner for a license not less than forty-five and not more than ninety days before the opening of such place or the commencement of the year for which the license is sought to be renewed, as the case may be.

The case against the Petitioner was that he was running an automobile repair shop at No. 26/A, Graemes Road without a license, and this, according to the trial Magistrate, was an offence u/s 282, punishable u/s 357 of the City Municipal Act. I have quoted the relevant section in full to show that it does not at all deal with keeping shops for repairing motor vehicles, nor has that question been considered by the learned Magistrate.

If considered, the learned Magistrate would on the language of the section have found that it does not apply to such repair shops. The conviction of the Petitioner u/s 282, read with Section 357 of the City Municipal Act for having kept an automobile repair shop without a license is thus obviously wrong and the same has to be set aside.

This petition has, therefore, to be and is allowed and the conviction of the Petitioner is set aside. The fine, if collected, will be refunded to the Petitioner.