ORDER :- This petition has been filed by the accused in C. C. No. 15 of 1967 on the file of the Special First Class Magistrate, Kuzhithurai, against the order of the said Magistrate in overruling the preliminary objection raised by him on the ground that the complaint against him was incompetent as there was no procedure laid down in Madras Panchayat Act for the recovery of the amount due from him under the contract by way of distraint or prosecution.

2. It is necessary to note the facts very briefly for the purpose of appreciating the point raised by the petitioners: The right of collecting fees from Kannumamood public market in Palukal Panchayat was leased out to the petitioner by the Executive Officer, Palukal Panchayat, and a written agreement was entered into between the Executive officer of the Panchayat on one part and the petitioner on the other on 7th April 1966 by which the petitioner had to pay to the panchayat the kist amount in ten monthly instalments at Rs. 1,370.50 and the first instalment was to be paid on 31-1-1967. The petitioner defaulted to pay the instalments and had fallen in arrears to the tune of Rs. 6,320/-. The Executive Officer therefore, filed a