Raman Nayar, C.J.-The learned trial Magistrate found that the accused in this case had put up a stone and cement structure across, and obstructing a drain forming part of a public road situate and vested in a Panchayat. If that be so, the accused was guilty of a breach of clause (a) of section 84 of the Kerala Panchayats Act, the construction not being permitted by the rules made under the Act. That section, so far as is material says:

“84. Prohibition against obstruction in or over public roads, etc.-No person shall except as permitted by rules made under this Act and except in accordance with the conditions imposed by any licence made requisite by such rules-

(a) build any wall or erect any fence or other obstruction or projection or make any encroachment whatsoever whether permanent or temporary, in or over any public road;

* * * *”

A breach of section 84(a) is punishable under section 132 of the Act, read with the first item in Schedule III thereto, with a fine of Rs. 100. And the learned Magistrate finding the accused guilty accordingly sentenced him to pay a fine of Rs. 25, in default to suffer simple imprisonment for one week. On appeal by the accused to the District Magistrate

Click Here to Read the rest of this document