EMPEROR Vs. EZEKIEL MOSES PENKAR

JUDGEMENT

(1.) The few facts material for the purpose of the present application are these. The applicant applied for permission to build a house and a privy. It appears that there was an old privy on the spot. The Municipality, however, granted permission to build the house, but refused permission to erect a privy. Sometime thereafter, however, the applicant put up the privy in question on the site of the old privy. It has been found now that this was substantially a reconstruction of the privy. The applicant was prosecuted by the Municipality, among other things, for having committed a breach of By-law No. 9 of the By-laws for Privies framed by the Pen Municipality and sanctioned by the Commissioner, Southern Division.

(2.) As regards the other charges the learned Magistrate acquitted the accused. As to the charge relating to the contravening of Rule 9, he has been found guilty and sentenced to a fine of Rs. 10.

(3.) The accused has now applied to this Court for a revision of the order relating to his conviction under by-law No. 9. The by-law is in these terms:-- After the completion of the privy the owner shall communicate this fact to the Chairman, Managing Committee, and no person shall commence to make use of the privy unless he obtains a written order to that effect from the Chairman, Managing Committee