ABDULKHADER Vs. EXECUTIVE OFFICER, KODIKULAM PANCHAYAT

JUDGEMENT

(1.) The revision petitioner, who is the appellant in Crl.A.281 of 2001 on the file of the Additional Sessions Judge, Thodupuzha challenges the judgment of conviction under Section 74 of the Kerala Panchayat Act 1960 (hereinafter referred to as the ' Act') read with rule 26 of the Panchayat Taxation and Appeal Rules 1963 (hereinafter referred to as the 'Rules'). He was convicted by the Judicial First Class Magistrate-II, Thodupuzha in S.T.623 of 1994 and sentenced to fine of Rs. 1000/- and in default simple imprisonment for one month and also directed to pay arrears of Rs. 41,065/- to the panchayat within 30 days from the date of the order.

(2.) The brief facts necessary for indictment were that on 30.3.1994 Executing Officer, Kodikulam Panchayat auctioned the river sand from Vandamattomthodu and Vallakkadavu and the revision petitioner was the bidder for Rs. 24,000/- and for Rs. 12,075/- but he failed to pay a sum of Rs. 41,065/- to the panchayat. On 17.12.1993, Executive Officer, Kodikulam panchayat issued a demand notice and directed the revision petitioner to remit the amount within 15 days. When there was no payment, he issued revenue recovery notice for recovering the amount and issued distraint warrant. Since the revision petitioner has no movable or immovable properties within the limits of the panchayat, the same could not be executed. In the circumstances, he prosecuted the revision petitioner under Section 74 of Kerala Panchayat Act, 1960.

(3.) In the trial court, complainant was examined PW1 and his documents were marked Ext.P1 to P8. Ext.B1 was marked from the side of the revision petitioner. Trial court after considering the evidence, convicted the accused against that conviction, he preferred Crl.A.281 of 2001, where the revision petitioner was released under Section 3 of the Probation of Offenders Act and also directed to pay a compensation of Rs. 41,065/- to the panchayat under Section 5 of the Probation of Offender's Act.