This appeal arises out of a suit instituted by the appellant against the Madura Municipality for a permanent injunction restraining them from starting or laying or continuing any prosecution against the plaintiff for alleged trade in mutton in a stall in No.37, Khanpalayam First Street, Madurai. Both the Courts rejected the plaintiff’s claim. It is now contended in appeal that at any rate for the period from 17th November, 1947, to 31st March, 1948, the plaintiff preferred an application to the Municipal Commissioner, Madurai, under Exhibit A-15, asking for a grant of a licence for that period for the purpose of carrying on the business of a meat-stall. The reply rejecting the request is Exhibit A-16, dated 26th March, 1948. It says “Licence requested for a meat-stall at No.37, Khanpalayam First Street was refused as running of the trade in the premises will be prejudicial to the interests of public health, safety and welfare of the inhabitants of the locality.” Relying on sub-clause (11) of section 321 of the District Municipalities Act it is argued that as there has been a failure on the part of the municipality to communicate to the applicant within thirty days after t