Venkatarama Ayyar, J.-

These are petitions filed under Article 226 of the Constitution of India and raise the question whether the notification, G.O.No.139 (L.A.) issued by the Government of Madras on 31st January, 1952, is valid. That notification is as follows:

“In exercise of the powers conferred by section 81, sub-section (1) of the Madras Village Panchayats Act, 1950 (Madras Act X of 1950), His Excellency the Governor of Madras nereby appoints the official year 1952-53 as the year after the commencement of which, no person shall continue to keep open a private market in any panchayat area within the jurisdiction of a panchayat.”

The petitioners are owners of private markets in the districts of Malabar, North Arcot, Nellore, Tiruchirapalli and Visakhapatnam. Some of these markets are stated to have been in existence for more that a century. All of them had been run under annual licences granted under the Madras Local Boards Act, XIV of 1920. The petitioners allege that when they applied for renewal of licence to hold the market for the year 1952-53 they were informed by the Panchayat Board, which is the first respondent, that under the provisions of section 81(1) of the Madras Vi

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