K.N.Mudaliyar, J. - (1.) THIS revision petition is directed against the conviction of Chattanatha Karayalar, Proprietor, S.M. K.M. Along, the petitioner herein, for an offence under S. 111 read with S. 181 of the Madras Panchayats Act, 1958. Briefly the facts are as follows:
(2.) P .W.1 is the Executive Officer of Puthalam Panchayat. The Allen named as S.M.K.M. Allen was within the Panchayat limits of Pathalam where two electric motors of 15 and 5 H.P. were being used. That it falls within the jurisdiction of Pathalam panchayat area is not controverter by the learned counsel for the petitioner by reason of the judgment of this High Court (Ex. D -5 dated 7 -12 -1962). The gravamen of the complaint by the panchayat against the petitioner is that he was using the two electric motors without taking a licence as per law for the year 1968 -69. On these facts, he was convicted for an offence under S.111 read with S 181 of the Madras Panchayats Act. The learned counsel for the petitioner argued that the conviction of the petitioner is vitiated on the ground that the prosecution failed to prove the notification issued under S. 111 of the Act. The relevant Cls, (1) and (2) (1) of S. 111 are extracted below: 111. (1) the Government may, by notification specify the purposes which, in their opinion, are likely to be offensive or dangerous to human life or health or property. (2) (i) The Panchayat union council in the case of panchayat villages may, with the previous approval of the prescribed authority notify that no place within the limits of any panchayat village in the panchayat development block or within the limits of such panchayat village or, villages as may be specified in the notification shall be used for any of the purposes specified in the notification issued under Sub -S. (1) without a licence and except in accordance with the conditions specified in such licence.
(3.) THERE is no doubt that the prosecution has not produced nor proved the notification issued by the Government under S. 111 of the Act. But, the notification issued by the panchayat union council under S. 111 (2) (i) of the Act is marked by the prosecution as Ex. P -8 in English and P -7 in Tamil. The learned counsel did not raise any argument that the Executive Officer of Pathalam panchayat chose to exercise the powers in the absence of any notification issued by the Government under S. 111 (1), In fast notification of the Executive officer, Pathalam panchayat in Ex.F -8 in dated 13th December, 1962. A reading of the two parts of S. 111 would discuses that 'both the parts of the section are so integrated that the Executive Officer of the panchayat world not have acted on his own without the existence of a notification issued by the Government under S. 111 (1). It would have been better if the prosecution had marked the G.O. number 113, R.D.L.A. dated 12th January, 1961 which mentions the purposes which are likely to be offensive of dangerous to human life. In the said G.O. there is mention of the "machinery (other than such machinery as may, by notification, be exempted by the State Government, from time to time, using for any industrial purpose". No attack was made to the effect that in view of each an entry regarding the purposes notified by the Government under S. 111(1), the running of the two electric motors would not come under "say of the purposes specified in the notification issued under sub -S. (1) without a licence". His main attack was about the want of legal proof of the notification issued by the Government under S. 111. This argument can be easily met when one remembers the contents of Ex. D 1, marked on behalf of the accused -petitioner. In fact the judgment in C.C. 1022/64 in which the defence rated, mentions about the issue of the Government notification dated 12th January 1961 in page 390 of the Fort St. George Gazette, wherein the Pathalam panchayat was made a town panchayat. The learned trial magistrate in the judgment marked Ex. D. 1 states as follows: Ex. P. 1 is the notification. In it, it was specified as to what are the trades while are classified as dangerous to human life. One of the items is machinery running with electric power,;