DEVASSIA Vs. MUNICIPAL COMMISSIONER, CHANGANACHERRY

JUDGEMENT

(1.) In these two writ petitions, Mr. T. K. Narayana Pillai, learned counsel for the petitioners, who are, no doubt, different, challenges the proceedings initiated as against his clients by the Changanacherry Municipal Council for what according to them is the use of the particular premises in question without taking a licence under the provisions of the Travancore District Municipalities Act, (Travancore Act XXIII) of 1116.

(2.) Before I consider the actual grounds of attack that have been raised by the learned counsel, a few facts may be stated.

(3.) S.261 of the Act gives power to the Municipal Council to publish by notification in the Gazette and by beat of drum prohibiting the use of any particular place within the Municipal limits or at a distance within in three miles of the Municipal limits for any one or more of the purposes specified in Schedule 3 without a licence being taken from the executive authority and also except in accordance with the conditions specified therein. The other matters mentioned in S.261 do not arise for consideration in these proceedings.