Madras High Court
Seventh Day Adventist Matriculation vs The Commissioner on 23 July, 2019
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
CRL.O.P No.19491 of 2019
and
Crl.M.P No.9984 of 2019
Seventh Day Adventist Matriculation
School, rep. by its Principal
Mr.Edwin Samuel
No.79/249, GST Road,
Tambaram, Chennai-600 045. ...Petitioner
Vs.
The Commissioner,
Tambaram Municipality
Chennai-600 045. ...Respondent
PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to call for the records culminated in S.T.C No.65 of 2018
pending on the file of the Judicial Magistrate Court, Tambaram and quash
the same.
For Petitioner : Mr.R.Prabhakaran
http://www.judis.nic.in
2
ORDER
This petition has been filed challenging the criminal proceedings initiated by the respondent for an offence under Section 216(1)(2)(3) r/w 313, 317(a)(c) of the District Municipalities Act 1920.
2. The learned counsel for the petitioner submitted that the offence itself has not been made out in this case. The respondent has proceeded to file a complaint on the ground that the petitioner has put up illegal construction without sanction. However, it is the case of the petitioner that the sanction was sought for and it was not processed within time and it was kept pending and therefore, there was a deemed sanction in favour of the petitioner. Therefore, the prosecution initiated by the respondent itself is an abuse of process of Court.
3. The learned counsel for the petitioner, in order to substantiate his arguments relied upon various documents.
4. This Court exercising its jurisdiction under Section 482 of Cr.P.C cannot conduct a roving enquiry on this issue. This issue as to whether there http://www.judis.nic.in 3 was a deemed sanction in favour of the petitioner, under the provisions of the Act, requires a factual finding based on documents. That can be done only by the Court below and not by this Court exercising its jurisdiction under Section 482 of Cr.P.C.
5. It is left open to the petitioner to raise all these grounds before the Court below and the Court below shall consider the same on its own merits and in accordance with law.
6. This Criminal Original Petition is disposed of with a direction to the Court below to complete the proceedings in S.T.C No. 65 of 2018 within a period of two months from the date of receipt of copy of this order. Consequently, the connected miscellaneous petition is closed.
23.07.2019 Index: Yes/No Internet: Yes/No uma To
1. The Judicial Magistrate, Tambaram.
2. The Commissioner, Tambaram Municipality Chennai-600 045.
http://www.judis.nic.in 4 N.ANAND VENKATESH.J., uma CRL.OP.No.19491 of 2019 and Crl.M.P.No.9984 of 2019 23.07.2019 http://www.judis.nic.in