SECRETARY Vs. K P RAFI

JUDGEMENT

(1.) The Secretary of the Peravoor Grama Panchayat initiated prosecution proceedings against the respondents in these appeals, as they committed default in payment of rent of the buildings occupied by them, based on an agreement between the parties. The buildings were leased out to them by the Panchayat. Steps were taken to recover the defaulted rent arrears issuing distress warrant, but failed. Therefore, prosecution was initiated in terms of Section 210 of the Kerala Panchayat Raj Act. It ended in acquittal. Therefore, these appeals.

(2.) It is contended by the appellant that if the tenants of the Panchayat had defaulted payment of rent in respect of the building taken by them from the Panchayat, prosecution can be launched on failure of the distraint efforts, placing reliance on the second proviso to the said section. The Kerala Panchayat (Acquisition and Transport of Immovable Property) Rules, 1963 enable leasing out of the property of the Panchayat and recovery of arrears of rent. In such circumstances, the court below ought to have found that the respondents had committed the offences, rather than acquitting them, the appellant submits.

(3.) Section 210 of the Act reads as follows: