K G SREENIVASAN NAIR Vs. PRIYASENAN

JUDGEMENT

(1.) Complainant is the appellant. Appeal is against the acquittal of the respondent by the Judicial 2nd Class Magistrate, Shertallai in C. C. No.13 of 1984.

(2.) Prosecution is under R.31 (1) and 32 (2) of Schedule II of the Kerala Municipalities Act, 1960 read with S.386 of the Kerala Municipalities Act. The Sherthallai Municipality auctioned the right to collect fees from the buses coming to the Municipal Bus Stand, Sherthallai for the year 1982-83. The respondent was the successful bidder for an amount of Rs. 14,100/-. The auction was confirmed in his name and be executed Ext. P2 agreement 1-4-1982 in favour of the Commissioner. On the basis of that agreement, be paid the one-fourth amount of Rs. 3,525/-. Balance three-fourth amounting to Rs. 10,575/-bad to be paid under the terms of Ext. P2 in eight monthly instalments of Rs. 1,322/-. The respondent paid five instalments alone. Thereafter, be defaulted. Balance due from him is Rs. 3,965/-. A registered notice was issued on 11-7-1983. Thereafter, a demand notice was issued on 5-8-1983, since the amount was not paid. In the demand notice, be was asked to pay the amount within fifteen days. He did not pay. Therefore, distraint warrant was issued on 3-10-1983. Distraint could not be effected because he had no property within the limits of the Municipality. It was on these allegations that the complaint was filed by the Revenue Inspector stating that he was authorised by the Municipal Commissioner to prosecute the respondent.

(3.) Appellant was examined as Pw. 1 and the present Municipal Commissioner was examined as pw. 2. Exts. P1, P1 (a), P1 (b) and P2 are the documents proved. No defence witness was examined and no defence document was also produced and proved.