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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
MANAGER, GTL INFRASTRUCTURE LTD – Appellant
Versus
THE SECRETARY, CHIRAKKAL GRAMA PANCHAYAT – Respondent
| Table of Content |
|---|
| 1. the case revolves around unpaid taxes related to the panchayat. (Para 1 , 2 , 3) |
| 2. arguments focus on the necessity of statutory remedies before criminal prosecution. (Para 4 , 5 , 6) |
| 3. the court stresses the requirement of a distraint warrant for pursuing prosecution. (Para 8 , 12 , 14) |
| 4. criminal prosecution must follow set statutory procedures. (Para 9 , 10 , 11) |
| 5. the court quashed the proceedings citing procedural impropriety. (Para 17) |
O R D E R
The petitioner is the first accused in S.T. No.
397/2022 on the file of the Court of the Judicial First Class Magistrate-II, Kannur (‘Trial Court’ for short), which has been registered on the basis of a private complaint filed by the first respondent alleging the commission of an offence punishable under Section 210 of the Kerala Panchayat Raj Act (‘Act’, for brevity) read with Rule 27 of the Kerala Panchayat Raj (Taxation, Levy and Appeal) Rules (‘Rules’, in short).
2. The gist of the allegation in Annexure A2 complaint is that; the petitioner’s predecessor had erected two mobile towers and a battery room in the property within the territorial limits of the first respondent Panchayat. However, the petitioner failed
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