T J JOSEPH Vs. MUNICIPAL COUNCIL PALAI

JUDGEMENT

(1.) THESE three petitions raise a common question relating to the operation of S. 286 & 287 of the Travancore District Municipalities act, 1116. That Act was passed by his Highness the Maharaja of Travancore on the 5th July 1941.

(2.) S. 286 & 287 read as follows: 286: "[1] The municipal council may construct or provide public landing places, halting places and cartstands and may levy fees for the use of the same. [2] A statement in English and a language of the district of the fees fixed by the council for the use of such place shall be put up in a conspicuous part thereof. Explanation-A cart-stand shall, for the purposes of this act include a stand for carriages and animals. 287: Where a municipal council has provided a public landing place, halting place or cart stand, the executive authority may prohibit the use for the same purpose by any person within such distance thereof, as may be determined by the municipal council, of any public place or the sides of any public street. " According to sub-section [5] of S. 3 of the Act "carriage" means any wheeled vehicle with springs or other appliances acting as springs; and includes any kind of motor car, motor lorry, motor omnibus, motor cycle, bicycle, tricycle and riksha; and according to sub-section [6] of that section "cart" includes any wheeled vehicle which is not a "carriage. "

(3.) EXT. R is the minutes of an urgent special meeting of the Palai Municipal Council held on 22-11-1958. It shows that the following resolution was passed at that meeting: No further action, however, appears to have been taken by the Executive Authority to restrict the ambit of the prohibition embodied in ext. P.