SIVARAMA IYER Vs. PALGHAT MUNICIPAL COUNCIL

JUDGEMENT

(1.) O .P.No.1575 of 1960 is an application under Article 226 of the Constitution for quashing an order passed by the second respondent,granting a licence to run a cinema,namely,Ext.P -4,dated 20th December 1960 in favour of the third respondent.

(2.) THE main attack made against this order of the second respondent,namely,the Municipal Commissioner of Palghat,by Mr.V.K.K.Menon,learned counsel for the writ petitioner,is that there has been no proper exercise of the discretion vested in the second respondent under the provisions of the Kerala Cinemas(Regulation)Act,1958,Act 32 of 1958,or in any event the exercise of that discretion is mala fide and perverse in the circumstances of this case.

(3.) THE petitioner further claims that this institution is a public charitable institution founded for the sole purpose of affording the facilities of a public reading room and library for the public of Palghat.The petitioner further avers that the said institution is at present managed by a committee registered under the Societies Registration Act,and according to the petitioner that committee has no legal right to be in management of the institution,which has to be really under the control of the District Educational Officer under the Madras Public Libraries Rules,1950.