MOHAMAD SAMIULLA Vs. TOWN MUNICIPAL COUNCIL RAMANAGARAM

JUDGEMENT

(1.) The petitioner was holding a licence from the Town Municipal Council Ramanagaram, to vend mutton in his shop at Masjid Mohalla of Ramanagaram near the railway station. He had been operating on such licences for the last four years. For the year 1886-87 he applied for renewal of licence to the Chief Officer, Town Municipal Council, Ramanagaram. By an endorsement dated 3-4-1986 which is at Annexure A to the petition, the Chief Officer has informed the petitioner that the application for renewal of his licence was placed before the Town Municipal Council at its meeting held on 1-4-1986 and the Municipal Council had decided not to renew the licence as it would not permit any private mutton vendirg shop in Ramanagaram. Aggrieved by the same, the present petition under Art. 226 of the Constitution is filed seeking the quash. ing of Annexure-A as being without the authority of law and being contrary to law without assigning any reason for not renewing the licence. it is further prayed that this Court may issue a writ of mandamus to renew the licence.

(2.) Emergent notice issued to the Town Municipal Council, Ramanagaram, was served on 11 6-1986. Acknowledgmen has been received back on or about 20-6-1986. On 25-6-1986 when this matter came up for hearing none had entered appearance on behalf of the respondent. In that circumstance it was adjourned by two weeks. Even on 10- 7-1986 none appeared for the respondent. It was once again adjourned to 17-7-1986. Today also none appears. Therefore, the respondent is placed ex-parte.

(3.) Mr. Papanna, learned Counsel appearing for the petitioner, has drawn my attention to Sec. 244 of the Karnataka Municipalities Act, 1964, (hereinafter referred to as the Act). The said section deals with the opening or closing of any public markets or slaughter houses. It also provides that the Municipal Council may also either take stallage or other rents or fees for the use by any person of any such market or slaughter house etc. He submits that the Town Municipal Council has neither provided stallage or shop for vending mutton or other meat. Sec. 243 of the Act provides that the Town Municipal Council may direct that there shall be no slaughter house or vending of mutton in a place which does not belong to or vested in the Municipality except in accordance with the conditions of the licence issued by the Municipal Council.