P A YOOSUF Vs. KUMARANELLOOR PANCHAYAT

JUDGEMENT

(1.) The question raised in this writ petition is whether an amount due to a Panchayat under a contract whereby the right to conduct certain cultural programme in a property belonging to the Panchayat was farmed out to the petitioner who was the highest bidder at an auction conducted by the Panchayat, can be recovered by the Panchayat by resorting to the procedure for recovery of taxes, cesses, fees etc. prescribed under S.74 of the Kerala Panchayats Act, 1960 (hereinafter referred to as the Act).

(2.) The petitioner was granted by the Panchayat the exclusive right to conduct "cultural programmes" in a property belonging to the Panchayat situated in Survey No. 19/6 of Perumayikad Village for a period of three months commencing from 25-7-1970 for a total consideration of Rs. 5,130/-, that being the highest bid amount fetched at a public auction held by the Panchayat for farming out the said right. Out of the aforesaid bid amount the petitioner paid a sum of Rs. 1,710 on 13-7-1970 and an agreement was executed between the petitioner and one surety on the one part and the Panchayat on the other incorporating the terms of the arrangement. Ext. P1 is a copy of the said agreement. Subsequently, the petitioner committed default in the matter of remitting the balance amount due under the agreement in spite of notice having been issued to him by the Panchayat demanding payment. Thereupon, the Panchayat instituted a prosecution against the petitioner by presenting the complaint Ext P3 before the Munsiff Magistrate, Ettumannoor purporting to be under the second proviso to S.74 of the Act. The petitioner has come up to this court with this writ petition seeking to quash Ext. P3 and praying also for the issuance of an appropriate writ prohibiting the 2nd respondent the Munsiff Magistrate, Ettumanoor from proceeding with the trial of the criminal case.

(3.) S.74 of the Act is in the following terms:--