Order This is a reference made by the learned District Magistrate of Malabar at Kozhikode with reference to S.C. No. 209 of 1953 and 468 of 1953 on the file of the Bench of Magistrates, Cannanore. The facts are: One P. Anandan was charged under sections 249, 313 and 338 of the Madras District Municipalities Act before the Bench of Magistrates, Cannanore. The Magistrates in their S.C. No. 209 of 1953 ordered the accused to pay the licence fee of Rs. 5 but imposed no fine on the accused on the ground that he was too poor. In S.C. No. 468 of 1953 before the same Court one Gangadharan Nair was charged under the same sections of the Madras District Municipalities Act and the magistrates ordered this accused also to pay a licence fee of Rs. 6-4-0 but imposed no fine on the ground that the claim for licence fee for the full year was unreasonable as the accused conducted the tea-shop only for a few weeks. In both the cases the accused were found guilty and hence under section 313(1) of the District Municipalities Act the Magistrates ought to have imposed a fine on the accused. By omitting to do so the Court has committed an illegality. Hence the reference to revise the judgments of the lower Court. I accept the reference and fine the accused in each case Rs. 2 (Rupees two only). K.C. ----- Reference accepted.