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(Sanitary Inspector) Municipal Council Vs. Rajamani Ayyar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1933Mad416
Appellant(Sanitary Inspector) Municipal Council
RespondentRajamani Ayyar
Excerpt:
- - 1. the petition must fail. 1 is badly drafted. moreover, the bye-law certainly does not authorize the municipal chairman to issue to anyone any notices of any kind, nor does it say that failure to obey a notice is punishable......badly drafted. it does not prohibit anyone from doing anything. it enjoins thatpremises used for hotels, lodging houses, boarding houses, choultries, rest houses, restaurants, eating houses, cafes, refreshment rooms, or coffee houses or to which the public are admitted for the consumption of any food or drink shall be constructed of masonry or of such other durable materials, as may be approved by the chairman and no part thereof shall be constructed of inflammable materials;but it fails to say that anyone who uses for hotels, etc., any premises not so constructed will be liable to any penalty. moreover, the bye-law certainly does not authorize the municipal chairman to issue to anyone any notices of any kind, nor does it say that failure to obey a notice is punishable. the acquittal.....
Judgment:

Burn, J.

1. The petition must fail. Bye law No. 1 is badly drafted. It does not prohibit anyone from doing anything. It enjoins that

premises used for hotels, lodging houses, boarding houses, choultries, rest houses, restaurants, eating houses, cafes, refreshment rooms, or coffee houses or to which the public are admitted for the consumption of any food or drink shall be constructed of masonry or of such other durable materials, as may be approved by the Chairman and no part thereof shall be constructed of inflammable materials;

but it fails to say that anyone who uses for hotels, etc., any premises not so constructed will be liable to any penalty. Moreover, the bye-law certainly does not authorize the Municipal Chairman to issue to anyone any notices of any kind, nor does it say that failure to obey a notice is punishable. The acquittal was correct and this petition is dismissed.


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