1. This Revision Petition is by the accused in S.T. 642 of 1965 on the file of the Bench Magistrate's Court of Changanacherry. He was prosecuted before the learned Magistrates for offences under S.284, 355 and 380 of the Kerala Municipalities Act Act 14 of 1961 (shortly stated the Act) for storing tea without licence in building No. 194 of Ward No. 24 of the Changanacherry Municipality.

2. The fact that tea was stored without licence was not denied; but it was contended that tea is not a commodity included in Schedule III of the Act and as such the accused was not bound to take a licence under the Act. The plea was repelled by the learned Magistrates and the accused has been convicted under S.380(3) of the Act and sentenced to pay fine of Rs. 10/-. He has also been directed to pay the licence fee of Rs. 15/- over and above the fine imposed.

3. The question arising for consideration is whether the inclusion of tea in Schedule III of the Act as an item for which licence is to be taken, is proper. Tea was not originally included in Schedule III. The inclusion was subsequently made as item No. 122 of the Bye-laws. The framing of the Bye-laws by the municipal council, accordin