JOHN A SALDHANA Vs. CITY MUNICIPAL COUNCIL MANGALORE

JUDGEMENT

(1.) In this petition under Art. 226, John Saldhana, the petitioner, challenges the resolution of the Mangalore Municipality ('Municipality') declaring a portion of his residential property as non-residential.

(2.) His property bearing TS. No.233/3 is situate at Kodialbail, Mangalore. This entire area, along with many other surrounding premises, was originally notified as a residential locality by a notification dt.30-6-43 issued under S.89(l) of the Madras Public Health Act (Act III of 1939) ('the Act).

(3.) On 27-11-1963 the Municipality by its resolution resolved that out of the said premises, 1 acre 93 cents should be excluded from the residential area and be notified as non-residential. Thereafter, after observing certain formalities, a final resolution was passed on 21-2-1967 affirming the earlier decision; and the same was notified on 28-2-1967 under S.89 of the Act. The notification was published in the Mysore Gazette dt.23-3-1967. The decision of the Municipality has been challenged on these grounds : (i) That the Municipality has no jurisdiction to amend the notification dated 30th June 1943; and (ii) That the resolution dt.21-2-1967 was in contravention of Section 89(1) of the Act, and therefore void.