ALI K.P Vs. MULLASSERY GRAMA PANCHAYAT

JUDGEMENT

(1.) The petitioner is aggrieved with Ext.P10 auction, conducted of shop room Nos.14/46 and 14/47, in the public fish market, by the respondent Panchayat. The petitioner admittedly was in possession of the same. On default of rent arrears, two recovery proceedings have been initiated by the Panchayath, through the District Collector. On the request of the petitioner, the District Collector had granted 15 installments with respect to the first recovery proceedings and then 20 installments, with respect to the second recovery proceedings.

(2.) The petitioner submits that the installments were paid in time, as evidenced from Ext.P9 receipt. The current rent charges were also paid, is the further contention raised, on the basis of Ext.P9. The petitioner, who was conducting the business with a valid licence cannot be evicted, even if there is further arrears as per Section 222(2) (e) of the Kerala Panchayat Raj Act, 1994 (for brevity 'the Act'). The petitioner argues that, to Ext.P7, the petitioner had submitted Ext.P8 and in such circumstance, under Section 222(2)(e) of the Act, there should have been some time granted. The further contention taken is that there is no cancellation effected, which is a mandate under clause18 of the bye-laws produced at Ext.R1(b).

(3.) The learned Counsel appearing for the respondent Panchayat however submits that the petitioner's licence was valid only between 22.10.2011 and 21.10.2014. The default in payment of rent was committed from February 2012 pursuant to which, recovery proceedings were initiated. Strangely enough in the recovery proceedings, the District Collector had granted installments, without even reference to the Panchayat. Further default was committed by the petitioner in paying off the installments as also the current rent charges and hence Ext.P7 was issued. The room itself was taken over on 02.05.2017,