THE EXECUTIVE OFFICER, KAVILAMPARA PANCHAYAT Vs. KOZHIPRATH AMMAD

JUDGEMENT

(1.) THE respondent has been acquitted of an offence under section 84 (a) read with section 132 (2) of the Kerala Panchayats Act; and the Executive Officer of the Panchayat has filed this appeal. The charge against the respondent was that he caused obstruction, by putting up a fence, to a road of the Malabar District Board running across the Panchayat. The Sub Magistrate acquitted him on the ground that the road of the Malabar District Board did not vest in the Panchayat, so that the panchayat had no locus standi to prosecute the respondent. The obstruction was not disputed. I may also add that the respondent was once convicted under section 132 (1) on his admission that the panchayat had power to prosecute him.

(2.) THE question for consideration is whether for causing obstruction to a road like the one in hand a panchayat can institute a prosecution.

(3.) LASTLY , we come to section 84, on which the present prosecution is based. Clause (a) of the section prohibits obstructions, projections or encroachments in or over public roads. Clause (b) provides that no person shall make any hole or deposit any matter in or upon any public road. Now we come to clauses (c) and (e) of the section. The former prohibits the working of a quarry in, or the removal of stone, earth, etc. from, any place within twenty yards of a public road or of other immovable property "vesting in or belonging to a panchayat". The latter similarly prohibits the planting of trees on any public road or other property vesting in or belonging to a panchayat. The other clauses are not relevant.