The Government's power under S. 252 of the Madras District Municipalities Act to set aside the Municipality's order was quasi-judicial in nature and required the Government to provide an opportunity for explanation to the petitioner before taking action.

ORDER :- This is an application for issuing a writ of certiorari to quash the proceedings of the Government in G. O. Ms. No. 3135 Health dated 11-9-1951.

2. The petitioner is the proprietor of Prabhat Touring Talkies. On 2-6-1951 he applied to the Tadpatri Municipality under S. 250 of the Madras District Municipalities Act for permission to instal an oil engine to run the cinema. The second respondent who is the proprietor of Chand Talkies, Tadpatri, had also applied for a similar permission. On 11-7-1951, the Municipal Council, by resolution No. 89, granted permission to the petitioner. Permission to the second respondent was refused. The Government by order dated 11-9-1951, set aside the resolution of the Municipality and directed the Council to grant forthwith its permission to the second respondent. The present application is filed to quash that order.

3. Learned counsel for the petitioner contended that the order of the Government in setting aside the resolution of the Municipality without giving an opportunity to the petitioner for explanation is invalid. The relevant provisions of the Madras District Municipalities Act may be read :

Section 36 (1) : The Provincial Government may, by order in writing -

(i) suspend or cancel any resolution passed, order issued, or licence or permission granted or

(ii) prohibit the doing of any act which is about to be done or is being done in pursuance or under colour of this Act, if, in their opinion,

(a) such resolution, order licence, permission or act his not been legally passed, issued, granted or authorised or

(b) such resolution, order, licence, permission or act is in excess of the powers conferred by this Act or any other law, or

(c) the execution of such resolution or order, the continuance in force of such licence or permission or the doing of such act is likely to cause danger to human life, health or safety, or is likely to lead to a riot or an affray;

Provided that the Provincial Government shall before taking action under this section on any of the grounds referred to in Clauses (a) and (b) give the authority or person concerned an opportunity for explanation;

Provided further that nothing in this subsection shall enable the Provincial Government to set aside any election which has been held. 250. (1) Every person intending,

(a) to construct or establish any factory, workshop or workplace in which it is proposed to employ steam-power, water-power or other mechanical power or electrical power, or

(b) to install in any premises any machinery or manufacturing plant driven by steam, water or other power as aforesaid, not being machinery or manufacturing plant exempted by rules, shall, before beginning such construction, establishment or installation, make an application in writing to the municipal council for permission to undertake the intended work.

2. The application shall specify the maximum number of workers proposed to be simultaneously employed at any time in the factory, workshop, workplace or premises,

and shall be accompanied by -

(i) a plan of the factory, workshop, work place or premises prepared in such manner as may be prescribed by rules made in this behalf by the Provincial Government, and

(ii) such particulars as to the powers, machinery, plant or premises as the municipal council may require by by-laws made in this behalf.

3. The Municipal Council shall, as soon as may be after the receipt of the application;

(a) grant the permission applied for, either absolutely or subject to such conditions as it thinks fit to impose or

(b) refuse permission, if it is of opinion that such construction, establishment or installation is objectionable by reason of the density of the population in the neighbourhood or that it is likely to cause a nuisance.

4. Before granting permission under sub-section (3), the municipal council :

(a) shall, if more than nine workers are proposed to be simultaneously employed at any time in the factory, workshop, workplace or premises, obtain the approv