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1927 Supreme(Mad) 332

Muthu Balu Chettiar – Appellant
Versus
The Chairman, Madura – Respondent


ORDER

1. The petitioners have been convicted by the Bench Magistrates of Madura for failing to take out a license under Section 249 of the Madras District Municipalities Act and have now put in a petition asking for a revision of that order. The offence of which the petitioners have been convicted is that of failing to take out an annual license for the rice mills owned and worked by them on the ground that a rice mill is a place used for the purposes specified in Schedule V, Clause (q) of the Act, namely, "using for any industrial purposes any fuel or machinery or doing in the course of any industrial process anything which is likely to be dangerous to human life or health or property". The contention for the petitioners is that when a permission to construct or establish a factory or instal in any premises any machinery, etc., has been obtained under Section 250 of the Act, no annual license under Section 249 need be obtained as the two sections are mutually exclusive. This is the view taken by a Division Bench of this Court (Devadoss and Waller, JJ.) in Madura Municipality v. Muthu Baku Chetti (1926) 50 MLJ 384, whereas the contrary view was taken in In re Muthu Balu Chetti (1926




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