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1955 Supreme(Mad) 212

RAJAGOPALAN
N. S. Naina Mohamed – Appellant
Versus
Tirukalachari Panchayat Board represented by its president – Respondent


Advocates Appeared:
R. Sundaralingam, for Petitioner; Advocate General and Special Govt. Pleader, and Messrs. Chetty and Shetty, for Respondents.

Judgement

ORDER :- The petitioner is a resident of Ayyapadi within the jurisdiction of TiruKalachari Panchayat. On 5-8-1954 the petitioner applied to the Panchayat Board for a licence under S. 92, Madras Act 10 of 1950 for constructing a rice and flour mill in R.S. No. 108/17. On 14-11-1954, the District Health Officer informed the Panchayat Board that the site was a suitable one from the public health point of view for the installation of the electric motor for a rice mill and flour hullers.

Representations were made to the President of the Panchayat by the residents of the locality objecting to the grant of the licence asked for by the petitioner. On 23-1-1955, the District Panchachayat Officer, who was consulted by the Panchayat Board pointed out the objections to be considered before the grant of the licence asked for by the petitioner, and he left it to the Panchayat Board to decide the question. On 18-2-1955 the Panchayat by its resolution rejected the application preferred to it by the petitioner.

2. The petitioner applied under Art. 226 of the Constitution for the issue of a writ of certiorari to set aside the resolution of the Panchayat dated 18-2-1955. After the presentation

















































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