Kerala Court June 1958 Judgments
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Municipal Health Officer, Kozhikode Vs. Velu Chekkutty
Court: Kerala
Decided on: Jun-02-1958
Reported in: AIR1958Ker356; 1958CriLJ1397
Varadaraja Iyengar, J.1. This appeal is directed against the order of acquittal passed by the Special First Class Magistrate, Kozhikode in a Municipal prosecution against the respondent, accused, for failure to take out licence for conducting a restaurant under Sections 249 (1) and 313 (1) of the Madras District Municipalities Act (V of 1920).2. The restaurant in question, it would appear had been actually conducted not by the accused but by his tenant Kumara Panicker. On notice issued bythe Municipality to the latter requiring him to take out a licence by paying a licence fee of Rs. 45/- he pleaded that the amount demanded was too high. The licence fee was then reduced to Rs. 30 but without paying even that amount and getting the licence, be closed down his business and also made himself scarce. It was thereupon that the accused landlord was sought to be proceeded against.The accused raised the defence that he was not liable for the failure of the occupier Kumara Panicker to take out ...
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