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President, Panchayat Board Vs. Surappu Veeranna - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1940)1MLJ599
AppellantPresident, Panchayat Board
RespondentSurappu Veeranna
Excerpt:
- - 1. the accused was prosecuted for failure to remove an encroachment in a public street and he has been acquitted on the ground that the question of establishing the panchayat board's title or claim to the alleged encroachment is purely of a civil nature.orderlakshmana rao, j.1. the accused was prosecuted for failure to remove an encroachment in a public street and he has been acquitted on the ground thatthe question of establishing the panchayat board's title or claim to the alleged encroachment is purely of a civil nature.2. this is obviously erroneous and the magistrate has to decide the legality or otherwise of the notice under section 159(1) of the madras local boards act. the order of acquittal is therefore set aside and there will be a retrial in accordance with law.
Judgment:
ORDER

Lakshmana Rao, J.

1. The accused was prosecuted for failure to remove an encroachment in a public street and he has been acquitted on the ground that

the question of establishing the panchayat Board's title or claim to the alleged encroachment is purely of a civil nature.

2. This is obviously erroneous and the Magistrate has to decide the legality or otherwise of the notice under Section 159(1) of the Madras Local Boards Act. The order of acquittal is therefore set aside and there will be a retrial in accordance with law.


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