SUKUMARAN Vs. EX OFFICER POOTHRIKKA PANCHAYAT

JUDGEMENT

(1.) THE petitioners in these two writ petitions are the drivers/owner-drivers in respect of certain motor cars having taxi permits stationed within the limits of the Poothrikka Panchayat. THE main relief claimed by them in these writ petitions is that a notification published by the 1st respondent the Executive Officer, Poothrikka Panchayat a copy of which has been produced by the respondent and marked as Ext. R6-should be quashed on the ground that it is in excess of the powers conferred on the 1st respondent by r. 8 of the Kerala Panchayats (Landing Places, Halting Places and Cart Stands)Rules, 1964 (hereinafter called the Rules ). THE impugned notification Ext. R6 is in the following terms: Under R. 9 of Kerala Panchayat (Landing Places, Halting places and Cart Stand) Rules, 1964. Table:1 Ext. R6 has been published in purported exercise of the power conferred by R. 9 of the Rules. R. 9 reads: "publication of notice regarding provision of landing place, baiting place and card stand: When a Panchayat provides a public landing place, halting place or cart stand, it shall publish the fact in important places in the Panchayat area and in the notice board of the Panchayat with information as to the place where it is opened and the rates of fees payable for its use. A notice specifying the rates prescribed by the Panchayat, the name of the person authorised to collect fees therein, and the prohibited distance within which another stand or place shall not be opened shall be put up on a notice board in a conspicuous place in such public halting place, landing place or cart stand". This rule does not by itself empower the Panchayat to enforce any prohibition regarding the use of any place within its local limits for the purposes of parking vehicles. A limited power in that regard is, however, conferred by R. 8 which is in the following terms: "other places not to be used as public landing place, halting place and cart stand when such places are provided for: Where a panchayat has provided a public landing place, halting place or cart stand, it may prohibit the use for the same purpose by any person within such distance thereof as may be determined by the Panchayat subject to such directions issued by the Collector in this behalf, of any public place or the sides of any public road: Provided that nothing contained in this rule shall apply to any motor Vehicle which is not a stage carriage within the meaning of the motor Vehicles Act, 1939 (Central Act 4 of 1939 ). Explanation: A public place or the sides of a public road shall not be deemed to be used as a public halting place or cart stand, if a vehicle used for the carriage of passengers stops therein for a period not exceeding two minutes for the purpose of setting down or picking up passengers of their luggage, or if a vehicle used for the carriage of goods stops therein, only for the period required for the loading and unloading of goods. " Under this rule where a public landing place, halting place or cart stand is provided by a Panchayat it may prohibit the use of any other public place or side of a public road for the same purpose by any person within such distance as may be determined by it subject to such direction? issued by the Collector in that behalf. But the proviso to the rule specifically lays down that nothing contained therein shall apply to any motor vehicle which is not a stage carriage within the meaning of the Motor Vehicles act, 1939. Hence the rule does not empower the imposition of any such prohibition or restriction in respect of the parking of motor vehicles other than stage carriages. THE motor cars used as taxis are not stage carriages within the meaning of the said expression as defined in the Motor Vehicles Act, 1939. THE impugned notification Ext. R. 6 in so far as it takes within its scope motor vehicles other than stage carriages is, therefore, clearly in excess of the power conferred by R. 8 and it is to that extent without jurisdiction and void. We therefore, quash Ext. R6 in so far as it purports to impose a prohibition on the parking of motor vehicles other than stage carriages within a distance of two kilometres from the cart/taxi stand provided by the panchayat.

(2.) THE petitioner in O. P. No. 1477 of 1979 has a further grievance that for the realisation of the fee demanded from him for the parking of his taxi car in the cart stand provided by the Panchayat his car was seized by the 1st respondent on 27-4 -1979. Prima facie there appears to be considerable force in the submission of the petitioner that the seizure of the car for the realisation of a paltry sum of Rs. 13/- was not warranted by the terms of R. 11 in as much as the said amount of arrears could well have been safeguarded by the seizure of accessories which were admittedly contained in the car, such as the spare wheel and tyre and tools like the jack, wheel spanner etc. We do not, however, wish to express any opinion finally on this question since the car has admittedly been released to the petitioner pursuant to the interim orders passed by this court on his paying under protest the amount of Rs. 13/- covered by the demand for fee. In case the petitioner considers the seizure as wrongful and wishes to claim compensation from the panchayat his remedy lies in an ordinary civil suit and nothing contained in this judgment will be construed as containing any expression of opinion in regard to any of the issues that may arise for determination in such suit.