PURAPPUZHA PANCHAYAT Vs. STATE OF KERALA

JUDGEMENT

(1.) We are satisfied that the appellant has not made out any case for interference. The Purappuzha Panchayat gave notice on 6-6-1967 to sell 75 trees standing on roads, which, under S.62 of the Kerala Panchayats Act, had become vested in the Panchayat. These were auctioned on 24-7-1967 for a sum of over Rs. 30,000/- and the auction was bid by the 4th Respondent. This landed him in difficulties with the Government. There was O. P. 2517 of 1967 filed in this Court by the Panchayat, which resulted in Ext. P3 judgment dated 23-7-1969. By the date of that judgment. S.62 of the Panchayats Act had undergone an amendment with effect from 1-11-1967. The amended Section reads as follows:

(2.) The learned Judge was of the view that having regard to the fact that the auction was held prior to the amendment of S.62 with effect from 1-11-1967, the matter was governed by the Section as it stood before that date, and under the Section as it then was, the Panchayat had no right except for the limited purpose of administration. It was stressed before the learned Judge that the amendment effected in the Section with effect from 1-11-67 was clarificatory and therefore retrospective and that the rights and liabilities stood transferred from 1-1-1962. The learned Judge found it difficult to accept this argument and stated:

(3.) The auction in this case having been on 24-7-1967 (before the amendment) is governed by S.62 in its preamended state. It was ruled in Tholur Panchayat v. The District Collector, Trichur ( 1967 KLT 722 ) by one of us that the vesting contemplated by the Section was only for the limited purpose of local administration. With that view, the learned Judge has himself agreed in the judgment under appeal. The view was also upheld in Writ Appeal No. 32/1969 by a Division Bench (Raman Nayar C. J. & Mathew J.). Agreeing with the said view, we hold that the Panchayat did not acquire any right of property in the roads or in the trees standing thereon.