(1.) The short question that arises for decision in this case is whether the Commissioner of a Municipal Corporation can delegate his power to file a complaint to initiate proceeding against any person who is charged with any offence against the Kerala Municipal Corporations Act Rules, Bye laws or Regulations. The Commissioner's power of initiating civil and criminal actions etc., is provided for in S.425 of the Kerala Municipal Corporations Act, 1961 -- Act 30 of 1961 (shortly stated the Act).
(2.) The expression 'take proceedings' as used in this section means instituting a complaint and does not mean causing a complaint to be filed as held by the Supreme Court in construing an identical provision in S.481 of the Bombay Provincial Municipal Corporation Act 59 of 1949 in the case Mangalal Chunilal v. Maganlal ( AIR 1968 SC 822 ).
(3.) In that case the Supreme Court overruled the contrary view of the Bombay High Court in State v. Manilal Jethalal (AIR 1953 Bom. 365). In the Bombay case, speaking for a Division Bench of that court, Bavedakar, J., had said at page 368: