Panchayat:Repo18/Law Manual Page0302

THE KERALA PANCHAYAT LAW MANUAL

Sec. 223 action as per law -- Corporation or the Civic Authority cannot shy away by contending that aggrieved has to approach Police. Corporation has a statutory obligation to ensure that no unauthorized private market is held on any property without any valid licence. When a request is made by Corporation, Police administration is bound to provide necessary assistance to ensure that no activities are carried out without a valid licence. Tenant has every right to enjoy his property, until he is evicted as per law. If landlord causes any obstruction to tenant for enjoyment of his property, by letting out part of the property for running market or any business, Corporation is duty bound to ensure that such activities are carried out with proper licence. - Usha Jacob v. Corporation of Thiruvananthapuram and Others - 2015 (3) KHC 29: 2015 (2) KLT 525: 2015 (2) KLJ 687 : ILR 2015 (2) Ker. 993. [The case law pertains to S. 466 & of the Kerala Municipality Act, 1994. The identical provision applicable to the Kerala Panchayat Raj Act, 1994 is S.222 & S.252). PR (Issuance of licence & Control of Public & Private Markets) Rules 1996 - The Panchayat has to clarify whether it is authorised to levy toll in respect of every basket of fish when such levy is not referred to in the Rules. Simply for generating funds, the tolls are not to be hiked and definitely of not authorised by the statute. Any changes that might follow in this levy of toll consequent to such deliberations and decisions, will be permissible to be implemented and binding on the parties after appropriate adjustments. – Kassim Rawther v. Nedumkunnam Grama Panchcyat - 2002 (3) KLT 419. issue of licence for private market - There is no absolute bar against issue of a licence within the prescribed distance – Provisions are made for public interest - Panchayats (Public and Private) Markets Rules, 1964 (Kerala) Rule 26 - There is no absolute bar under Rule 26 [previous rule against of a licence for a private market within a distance of 3 kilometers mentioned therein. The only restriction is the requirement of a prior sanction of the Director of Panchayats for the licensing and opening of a new privatLicensing of private markets - Levy of amount if sustainable either as a tax or fee or as licence fee - Levy whether can be sustained under Police power of the State - The scheme of the market within the aforesaid distance. If the requirements of locality warrant, there is nothing preventing the Director of Panchayats from permitting the licensing. The mere fact that the commercial interests of the plaintiff will suffer if a licence is granted to the defendant to run a private market in the B Schedule property is not a ground for injuncting the defendant from obtaining a licence and running a private market in his own land. – Gopalan v. Chamiyar – 1987 (1) KLT 454 : 1987 (1) KLJ 352. e Act seems to indicate that the levy was meant to operate as a fee. It is well settled that before a levy can be sustained as a fee there must be "special benefit" to the payer of the fee in addition to what is enjoyed by the general public. The "special benefit" has been described as service rendered to the markets in greater measure and continuity that in the case of an ordinary tax payer, the private market owner needing more than ordinary municipal service. On the materials available in this case the element of quid pro quo has not established between the levy and the services. It follows that levy in question cannot be sustained as a fee. – Sankaran Nair v. Vaniamkulam Panchayat - 1971 KLT 264 FB : 1971 KLJ 171. Under S. 222, no person shall open a new private market or continue to keep open a private market unless he has obtained a licence from the Village Panchayat. Also so far as private markets are concerned, there is no right for the Panchayat to auction out the right to conduct the same – Peter V. Perayam Panchayat – 1996(1) KLT 362: ILR 1996(2) 623. 223. Levy of the licensees of private markets.- The Licensee of a private market may, subject to such rules as may be prescribed, levy any one or more of the following fees in any private market at such rates not exceeding the maximum prescribed, namely: (a) fees for the use of, or for the right to expose, goods for sale in such market; (b) fees for the use of shops, stalls, pens or stands in such market; (c) fees on vehicles bringing any goods for sale in such market; or on goods; (d) fees on animals brought for sale into or sold in such market ; and (e) licence fees on brokers, commission agents, weighmen and measurers practising their calling in such market. Consoon M arcos