CHERIAN JOHN Vs. MUNDAKAYAM PANCHAYAT

JUDGEMENT

(1.) Petitioner participated in the auction conducted by the first respondent Panchayat in relation to the right to vend meat in the various wards of the Panchayat. One of the conditions is that the successful auction purchaser has to construct the stalls. Petitioner deposited earnest money for 10 places. Auction was held on 16-3-1988. Petitioner bid the right to vend meat at Vandampathal, Punchavayal and Punchavayal 504 Colony situated in Wards 7, 10 and 11. He deposited Rs. 4.000/- as earnest money. He deposited 1/4th of the bid amount on the date of the auction itself. At the time of executing necessary agreement he had to pay 1/4th of the amount more. After adjustment of the earnest money he deposited balance amount of Rs. 1,443.75 towards 1/4th purchase money in respect of the three places where the sale was confirmed in his name.

(2.) Petitioner requested the second respondent to allot him the site for constructing the stalls. He was told to construct stalls on the side of P.W.D. roads. Petitioner attempted to construct temporary stalls on the side of P.W.D. roads. As the people objected to it he could not construct the stalls and thus he was prevented from doing any business.

(3.) Exts.P3, P4 and P5 notices were issued to the petitioner to deposit the amount due from him to the Panchayat Petitioner contends that he could not do so as he could not start the business due to the hostile attitude of the people. Another contention of the petitioner is that the first respondent is not vested with any power under the Panchayats Act to conduct auction of the right to vend meat except in stalls belonging to the Panchayat.