Judgement

RAY, C. J.:- This is an appeal by special leave from the judgment dated 22-9-1972 of the High Court of Mysore.

2. Vidya Varidhi Thirtha Swamiar of Shri Kaniyoor Muth, Udipi is the third respondent. In 1968 he made an application to the Municipal Council, Udipi for construction of Kalyana-cum-Lecture Hall. Licence was granted on 8 April, 1969 for the construction of Kalyana-cum-Lecture Hall. The two main conditions of the above licence were that the building to be put up was to be a Kalyan Mantap and the construction was subject to the provisions of Madras Public Health Act, 1939 and the Scheme framed under the Madras Town Planning Act, 1920.

3. On 20 March, 1970 there was an application under Madras Places of Public Resorts Act, 1888 for using the building as a public resort. The third respondent made an application on 23 March, 1970 under the Madras Places of Public Resorts Act 1888 to the Chief Officer, Town Municipal Council for licence to use the building for exhibition of cinematographic films for public entertainment. The third respondent also applied under Section 256 of the Mysore Municipalities Act to instal generators with oil engines.

4. On 8 April,. 1970 the third respondent applied to the Chief Officer, Town Municipal Council to extend the period of licence dated 8 April, 1969 and for permission to convert the building into one for exhibition of films.

5. On 18 April, 1970 the first respondent rejected the application on the ground that a cinema theatre could not be permitted under the provisions of the Town Planning Scheme in force. On 29 April, 1970 the application for conversion of Kalyan Mantap-cum-Lecture Hall into a cinema theatre was rejected by the first respondent.

6. On 4 May, 1970 the third respondent filed an appeal against the order dated 18 April, 1970 under the Madras Places of Public Resorts Act. It should be noted here that the third respondent did not prefer an appeal against the order of the first respondent dated 29 April, 1970 rejecting the conversion of Kalyan Mantap into a cinema theatre.

7. Thereafter the Municipal Council passed the four impeached resolutions which are subject-matter of this appeal.

8. The first impeached resolution is dated 11 June, 1970. By that resolution the Municipal Council considered the appeal filed by the respondent Vidya Varidhi Thirtha Swamiar against the proceedings of the Chief Officer of the Municipal Council dated 18 April, 1970 refusing licence for exhibiting cinematograph films in the building situated in Moodanidambur village. The Municipal Council decided to grant the licence applied for by the said respondent.

9. The second impeached resolution is dated 18 June, 1970. By the resolution the licence granted to Vidya Varidhi Thirtha Swamiar for exhibiting cinematograph films in the building was made subject to certain conditions. The microphone should be played only inside the theatre. Arrangements should be made to keep the level of the land area of the theatre above the road level so that water might not stagnate there. The engine room where the oil engine would be kept and should be made in such a way that sound and blasting of the engine would not disturb the neighbours. The Chief Officer of the Municipality was given power to imposed other conditions from time to time.

10. The third impeached resolution is dated 19 June, 1970. By that resolution the Municipality under Section 256 of the Mysore Municipalities Act granted permission to Vidya Varidhi Thirtha swamiar for the installation of electric motors and an oil engine in the building for running a cinema theatre.

11. The fourth impeached resolution is dated 19 June, 1970. By that resolution the Municipality considered the revised plans filed by Vidya Varidhi Thirtha Swamiar for the conversion of Kalyana Mantapa-cum-Lecture Hall into a cinema theatre;

12. On 2 April, 1972 the appellant filed Writ Petition No. 934 of 1972 and impeached the four resolutions. The High Court quashed the three resolutions