ORDER :

N. Varadaraja Ayyangar, J.-This is a petition filed by the South India Corporation (Travancore), Ltd., under Article 226 of the Constitution in the matter, of the grant of a licence under the Factories Act.

2. The respondent 3 Sundareswaran was the owner of a cashewnut factory at Adichanalloor. The petitioner company took from him a lease of the factory commencing from 20 March 1953 and on such footing obtained transfer in their name of licence No. 175, originally issued to the owner under the Indian Factories Act, 1948, by the respondent 1 Chief Inspector of Factories. This licence was in due course renewed for the years 1954 and 1955. Before the expiry of the licence the petitioner company applied for renewal for the year 1956, But in this they were opposed by the respondent 3 who had in the meanwhile sold the factory to the respondent 2, National Nut Company, on 15 December 1955 and wanted the assignee to get the transfer of the licence instead. In support of their claim for renewal the petitioner company put forth the plea that their lease had not been properly terminated by six months' notice u/s 106 of the Transfer of Property Act, that in fact they had been authorized