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1968 Supreme(Mad) 235

K.VEERASWAMI, T.RAMAPRASADA RAO
Thiruvengadam – Appellant
Versus
Muthu Chettiar – Respondent


Advocates:
G. Ramaswamy, for Appellant; Government Pleader and R. G. Rajan, for Respondents.

Judgement

VEERASWAMI OFFG, C. J. :- This Appeal arises from an order of Kailasam, J., dismissing in limine the petition under Art. 226 of the Constitution to quash an order of the State Government, dated 16th November, 1967 granting to the first respondent a permit under Section 5 of the Rice Milling Industry (Regulation) Act, 1958, read with the Government of India Notification G. S. R. 512, dated 22nd April, 1959 for establishing a new rice mill at Enadhi Village, Pattukottai Taluk. The first respondent applied for a permit on 8th November, 1966, the site was approved on 10th January, 1967 and it would appear that the Panchayat Union Council gave its permission for granting of a licence on 13th March, 1967. The permit issued to the first respondent prescribed a period within which he should establish the rice mill. It is stated that since then the first respondent has put up the construction and installed a mill thereby incurring a heavy expenditure. The appellant representing a local temple which is 65 feet removed from the site on which the rice mill is located, raised certain objections which are also supported by some of the villagers who were worshippers. The objections were













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