President, Union Board of Thiruvettiyore vs Atchu Achary

Devadoss, J.—These two applications are for revising the order of the First Class Bench Court of Thiruvettiyore acquitting the respondent in a prosecution launched by the President of the Union Board, Tiruvettiyore for burying dead bodies in a place not licensed for burial. The Bench acquitted the respondent on the ground that he had obtained an oral permission from the Taluq Board and, therefore, he was not guilty of an offence u/s 141 of the Local Boards Act. Section 141 requires a license of the Taluq Board or of the Union Board for opening a new place of burial and the application shall be in writing and shall be accompanied by a plan of the place etc. The contention of the respondent is that an application was made to the President of the Taluq Board but as there was no time to obtain a written license, he gave an oral permission to him to bury the dead in the place for which he wanted the license. Section 214 of the Local Boards Act says "All licenses, notices and permissions given, issued, or granted, as the case may be, under the provisions of this Act must be in writing" and the form of the license is also given in the Act. That being so, it is not open to the President of the Taluq Board to grant a license orally. The re spondent not haying had the license in writing as required by Section 214 the so-called license by word of mouth is not sufficient compliance with the provisions of Section 141. The order of the Bench is clearly illegal and it is set aside and the Bench is direct ed to restore the two cases to file and dispose of them according to law.