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