HARIHARA IYER Vs. ALWAYE MUNICIPALITY

JUDGEMENT

(1.) The only question involved in this Civil Miscellaneous Appeal is whether the distance between the Pankajam Theatre and the Radhakrishna Talkies within the Alwaye Municipality is less than a mile or not. If the distance is a mile or over the appellants must certainly fail and no other question will arise for consideration.

(2.) The distance for the purposes of this case has to be measured not in a straight line on a horizontal plane as provided in S.10 of the Travancore Cochin Interpretation and General Clauses Act, 112 5 (Act VII of 1125) but according to the rule reproduced below:

(3.) Exhibit IX is a plan prepared by the Municipality which is admitted to be correct by all the parties before us and has been marked with their consent.