SAHADEVA PANICKER Vs. OTTASEKHARAMANGALAM PANCHAYAT

JUDGEMENT

(1.) THE petitioner was the licensee of a private market situated within the limits of the Ottasekharamangalam Panchayat,the first respondent in this petition.He applied under S.71 of the Travancore -Cochin Panchayats Act,1950,for the renewal of his licence for the financial year 1959 -60,and his application was disallowed by the first respondent by a resolution,Ext.P.1 dated February 16,1959,and the,order passed thereon on the same date,Ext.P.2.The ground for disallowing the application was that the Panchayat was conducting a public market very near the petitioner's private market.The order and the resolution of the Panchayat are in plain violation of S.71(3 )(a)of the above Act,under which,the Panchayat is bound to grant the renewal applied for,"subject to such conditions as the Panchayat may think fit as to supervision and inspection,sanitation and water supply,weights and measures to be used,rents and fees to be charged,and such other matters as may be prescribed."The order and the resolution of the Panchayat cannot therefore be supported.They are accordingly quashed and this petition is allowed.There will be no order as to costs.