PHILIP Vs. STATE

JUDGEMENT

(1.) This is an appeal from the order of a Single Judge of this Court dismissing O.P. No. 6 of 1951. The appellants prayer in that petition was for an appropriate writ or direction quashing the proceedings in the matter of the closing of a road within the limits of the Corporation of Trivandrum under S. 207 of the Trivandrum City Municipal Act, 1116, which reads as follows:-

(2.) It is agreed that the road concerned is a public street and that what is intended is a permanent closure of that street. The only point pressed by the learned counsel for the appellant and the only point that arises for consideration is whether the sanction of the Council necessary under S.207(1)(c) of the Act has been obtained or not.

(3.) The Commissioner submitted a note to the Municipality on 11.12.1124 (Ext. A) which reads as follows:-