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 Gove