THOMAS GEORGE Vs. PAZHAVANGADIKARA PANCHAYAT

JUDGEMENT

(1.) This petition challenges the validity of an auction conducted by the Pazhavangadikara Panchayat on 22.3.1956 in respect of the public market at Ittiyapara within the area of the said Panchayat. There was a similar auction in March 1955 and the petitioner himself was the successful bidder at that auction.

(2.) Para.3 of the affidavit filed by the executive officer of the Panchayat (1st respondent) makes it clear that what was sold at the auction in March 1955 was the right to vend beef for the period of one year from 1.4.1955 and Para.6 of the affidavit says:

(3.) According to the petitioner the auctioning of the right to vend beef in the market is not warranted by S.69 of the Travancore - Cochin Panchayats Act, 1950, and any rule or bye law, if it does authorise such an auction, should be considered as beyond the powers conferred by that section. S.69 (omitting sub-s.3(c), (d) and (e) reads as follows: