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1967 Supreme(Mad) 311

P.S.KAILASAM
Abdul Malick – Appellant
Versus
Collector of Dharmapuri – Respondent


Advocates Appeared:
K. K. Venugopal, Advocate, for Petitioner.
T. Selvaraj, for Government Pleader on behalf of Respondents Nos. 1 and 2. T. Chengalvarayan for Mrs. T. N. Anantanayaki, Advocate, for Respondent No. 3.

JUDGMENT

This petition is filed for the issue of a writ of certiorari calling for the records of the Commissioner of Land Revenue and Settlement of Estates, Board of Revenue, relating to B.P.Rt. 2343 (L) and to quash the order dated 20th April, 1967, made therein

The Petitioner applied to the Collector of Dharmapuri for the grant of a no objection certificate to locate a touring cinema theatre in S. No. 34/1, in Mallapuram Village on 15th February, 1966. On 16th February, 1966 the third’ respondent applied to the Collector of Dharmapuri far the grant of no-objection certificate for locating a touring cinema theatre in S. No. 154 in Bommidi Village. The two sites were within the prohibited distance of four furlongs. The application of the petitioner was published on 9th March, 1966 in the notice board of the Collector's Office. On 15th April, 1966 an objection petition was filed by one Michael objecting to the grant of a no-objection certificate to the petitioner on the ground that a Harijan colony was Very close to the site chosen by the petitioner and that, if a permit was given to locate a touring cinema theatre, it would cause nuisance. Another objection petition was filed by one











































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