K H KASSIM RAWTHER Vs. NEDUMKUNNAM GRAMA PANCHAYAT

JUDGEMENT

(1.) Petitioner in this Original Petition claims to be a fish vendor in Nedumkunnam Market. The averments are that he along with 13 persons are conducting the business. For the said purpose petitioner is having 4 lorries with Nos. KL - 7 / AA - 3146, KL - 7 / X - 9014, KL - 5 / J - 9181 and KL - 5 / G - 6636. The petitioner and other vendors used to pay Rs. 40/- as market toll in respect of 40 containers of fish brought to the market. Subsequently, it was attempted to be changed and as per Ext. P2, vendors were to pay Rs. 10/- for every box apart from the vehicle charge of Rs. 15/-. It is contended that such rates were fixed by the Panchayat to help the bidders in the auction and in an attempt to collect funds in an exorbitant manner. Pursuant to Ext. P2 auction notice, the 2nd respondent had been the successful bidder.

(2.) The implementation of the new system understandably might have adversely affected the fish vendors. Ext. P3 is the petition stated to have been filed by the vendors to the Panchayat. The vendors were thereupon informed by the Panchayat that they have to pay toll to the successful bidder in the prescribed rate. Exts. P2 and P4 are under challenge.

(3.) Petitioner submits that gate fees for lorry operation is fixed by Ext. P2. Therefore it was not permissible to suggest and impose toll separately for fish at the rate Rs.10/- per box. According to the petitioner thereby the business becomes uneconomic. He submits that R.7 and 8 of the Kerala Panchayat Public and Private Market Control License Rules are relevant and the maximum rates of fees which can be levied is prescribed and by Ext. P2, this rates stand far exceeded. The schedule also does not authorise to levy toll in respect of boxes of fish. Therefore, as Ext. P2 and consequential proceedings are against rules, they are not enforceable.