MATTANCHERRY MUNICIPAL COUNCIL Vs. PERUMAL CHETTIAR

JUDGEMENT

(1.) THESE four second appeals arise out of four of six suits, filed by owners of cattle sheds, situated within the limits of Mattancherry Municipality, who carry on milk trade, for quashing the orders of the Municipal Council refusing to issue licences to them for the year 1957-58 and for other reliefs. In particular, they impeached Ex. D-9, dated the 3rd September 1956, a resolution of the Council banning the keeping of buffaloes within Municipal limits. Although the Munsiff who tried the suits found on all the issues raised for trial, the District Judge in appeal dismissed the suits on the sole finding that Ex. D9 was ultra vires the powers of the Council; the year for which the licences were applied for had expired. It was agreed before me, that the only question requiring consideration in these second appeals is whether Ex. D-9 is valid or not.

(2.) THE resolution in terms, imposed a prohibition against the keeping of buffaloes for any purpose whatsoever within Mattancherry Municipal limits, but learned counsel appearing for the Municipality, which is the appellant in these second appeals explained, that the object of the resolution was to ban the keeping of buffaloes for deriving profit therefrom, and not for milk supply for home consumption and that the appellant contended only for the existence of such a power in it. At the time the resolution was passed, the Municipality was governed by the Cochin Municipal Act, 18 of 1113, which has now been superseded by the Kerala Municipalities Act, 1960, Act 14 of 1961. This however need not detain me in the consideration of these appeals, for the relevant provisions are parallel in both enactments. THE provisions which have been relied on for the appellant are S.242, 255 and 264 of the Cochin Act. THE relevant part of S.255 is as follows:-