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1966 Supreme(Mad) 264

M.ANANTANARAYANAN, P.RAMAKRISHNAN
State of Madras represented by the Secretary to Government, Rural Development and Local Administration Department, Madras-9 – Appellant
Versus
Tirunelveli Municipal Council represented by its Chairman Thiru M. Abdul Majid . . – Respondent


Advocates:
P. R. Gokulakrishnan and R. Balsubramaniam, for Respondent.

Anantanarayanan, C.J.-

These appeals are by the State of Madras from the Judgment of Kailasam, J., in W.P. Nos. 1789 and 1917 of 1966 before the learned Judge, in which he directed the issue of a writ of certiorari quashing the orders of the appellant in G.O. Ms. No. 1643 (Rural Development and Local Administration), dated 2nd July, 1966. I may tersely state that, by virtue of this Order, Government purported to exercise the powers vested in them under section 41 (1) read with section 41 (1-A) of the Madras District Municipalities Act, and superseded the Tirunelveli Municipal Council for a period of two years from 2nd July, 1966. As the appeals were argued before us they traverse not merely the facts on the record but also a wide area of questions of law upon the nature and implications of this statutory power vested in Government, which do merit very careful consideration at our hands.

At the outset itself, I think we should approach the problems involved in. these appeals from the perspective of first defining and delimiting the scope of the statutory power under sections 41 (1) and 41 (1-A) of the Act, as well as the implications of the exercise of that power. This is essential,



























































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