N. Gopalaswamy Rao, License … vs Chinna Ponnuswamy Chetty on 22 February, 1940

ORDER

Lakshmana Rao, J.

1. The accused was prosecuted for failure to comply with a requisi ion under Section 164 Clause 2 of the Madras Local Boards Act and he has been acquitted on the ground that the Local Board should establish its title and possession of the land in the Civil Court before invoking the provisions of the Madras Local Boards Act. This is obviously erroneous and it in incumbent on the Magistrate to decide the legality or otherwise of the requisition. The order of acquittal is therefore set aside and there will be a retrial in accordance with law.