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1955 Supreme(Mad) 30

RAJAGOPALA AYYANGAR
K. Mohamed Khassim and Brother – Appellant
Versus
Municipal Council, Ootacamund by its Commissioner – Respondent


Advocates Appeared:
S.K. Ahmed Meeran and M. Khaja Mohideen, for Petitioners; DSouza of John and Row, for Respondent.

Judgement

ORDER :- This is an application for the writ of certiorari against the Municipal Council of Ootacamund to quash an order refusing the applications made by the petitioners for the grant of a licence to store and sell fireworks and for a writ of mandamus directing the respondent to grant to the petitioners the licence applied for.

2. It is necessary to set out a few facts in order to understand the points raised for decision. The petitioners are merchants doing business at Ootacamund. In accordance with the provisions of S. 249 of the District Municipalities Act, the Municipal Council of Ootacamund notified on 26-11-1952 that no place within the Municipality shall be used for selling or storing fireworks without the licence of the executive authority. In compliance with this notification, the petitioners submitted two applications on 14-9-1954 for the issue of a licence for storing and selling fireworks not exceeding 50 Ibs. in premises Nos. 290 and 291 Main Bazar, Ootacamund and in stall Nos. 10 and 11 in the market at Ootacamund from 16-10-1954 to 31-3-1955. These applications were made to the Municipal Health Officer who forwarded them to the Madras Pire Service Officer fo

























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