K.J. FRANCIS Vs. MUNICIPAL COUNCIL, CHANGANACHERRY

JUDGEMENT

(1.) The questions involved in these writ appeals are the same; and the writ petitions giving rise to these appeals have been disposed of by a common judgment by a learned Single Judge. The main point argued before us is that the Kerala Municipalities (Remission of Revenue to Lessees and Contractors) Rules, 1967 are ultra vires the rule making powers of the Government under S.344 of the Kerala Municipalities Act.

(2.) S.344 of the Municipalities Act gives power to the Government to make rules; and sub-s.(1) thereof provides generally that the Government may make rules to carry out all or any of the purposes of the Act not inconsistent therewith. And sub-s.(2) provides that, in particular and without prejudice to the aforesaid general power, the Government may make rules on the several heads mentioned therein in the several clauses. It is contended that the impugned rules will not come within any of the several clauses mentioned in sub-s.(2) That may be so. But then, the question still remains whether the rules will not come within the general power contained in sub-s.(i).

(3.) Now, the rules impugned regulate remission to be given to lessees and contractors. One of the rules says that all lessees of revenue from municipal councils, all lessees of immovable property belonging to or vested in municipal councils and all persons who have entered into contracts with municipal councils shall be held strictly to the terms of their leases or contracts: and that is nothing but an affirmation or restatement of the law. Another rule says that remission shall be granted only in particular circumstances, namely, only in cases in which the lessees or contractors are prevented from carrying out their part of the leases or contracts by reason of some extra ordinary extrinsic causes which could not reasonably have been expected, etc; and the remission shall bear a reasonable proportion to the loss sustained, and when the amount to be remitted exceeds Rs.1000/- the previous sanction of the Director of Municipalities shall be obtained. Yet another rule says that the penalties provided in the leases or contracts shall be strictly enforced in accordance with the terms of the leases or contracts. This rule also regulates the penalties payable for belated payment of instalments due under leases or contracts.