The petitioner is running a flour mill in No. 8/177, Dr. Rajendra Prasad Road, Coimbatore. He applied to the Municipality on 27th April, 1961, under section 250 of the District Municipalities Act for permission to instal machinery for starting a flour mill in the abovesaid premises. No order was communicated by the Municipality within thirty days of the receipt of the application. Relying upon the provision in section 321 (11) of the District Municipalities Act, the petitioner assumed that his application had been allowed and put up the machinery. From , 1961 onwards, he had been running his flour mill and applied for renewal of the licence in 1962, 1963 and 1964 paying the licence fee thereafter, but no orders were passed on those applications for renewal. But on 31st July, 1964, the Municipality passed orders rejecting his application relying on the circumstances that no installation of machinery could be allowed in the premises because it is situated in an area covered by the Town Planning Scheme and unless the scheme was varied, such installation could not be permitted. The petitioner states that by reason of section 321 (11) of the District Municipalities Act above refe