High CourtsDivision Bench(1935) 11 MAD CK 0017

Siva Bushana Mudaliar vs The President, Panchayat Board

Madras High Court · Decided on 21 November 1935 · Citation: AIR 1936 Mad 204 : (1936) ILR (Mad) 261 : (1936) 43 LW 200 : (1936) 70 MLJ 113

HON’BLE JUDGES
King, J

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Judgment

7 paragraphs · 151 words

King, J.—It seems to me that the principle of the ruling reported in (Alampath) Krishnan Vs. Municipal Prosecutor Cannanore Municipality,

and Municipal Council, Cannanore v. Anandam I.L.R.(1927) 51 Mad. 601 : 54 M.L.J. 454 where it is held that hand looms are not ''machinery''

requiring the issue of a license can easily be extended to the present case where there is a printing press worked entirely by hand. Clause (p) of

Schedule VII of the Madras Local Boards Act therefore will not apply. It is argued that Clause (q) applies as the running of this printing press is

''dangerous to human life''. Such a contention seems to me an absurd exaggeration. Clause (q) also does not apply. This petition is therefore

allowed, and as the Local Board had in my opinion no authority to demand any license fee from the petitioner the order requiring him to pay it is

set aside.