(1.) These appeals are by the State of Madras from the judgment of Kailasam J., in Tirunelveli Municipal Council v/s. State of Madras, I.L.R. (1967) 1 Mad. 558 (Writ Petition Nos. 1789 and 1917 of 1966) before the learned Judge, in which he directed the issue of a writ of certiorari quashing the orders of the Appellant in G.O. Ms. No. 1643 (Rural Development and Local Administration), dated 2nd July 1966. I may tersely state that, by virtue of this order, Government purported to exercise the powers vested in them under Sec. 41(1) read with Sec. 41(1 -A) of the Madras District Municipalities Act, and superseded the Tirunelveli Municipal Council for a period of two years from 2nd July 1966. As the appeals were argued before us, they traverse not merely the facts of the record, but also a wide area of questions of law upon the nature and implications of this statutory power vested in Government, which do merit very careful consideration at our hands.
(2.) At the outset itself, I think we should approach the problems involved in these appeals from the perspective of first defining and delimiting the scope of the statutory power under Ss. 41(1) and 41(1 -A) of the Act, as well as the implications of the exercise of that power. This is essential for the simple reason that, otherwise, we are likely to be involved in issues of fact, without constantly bearing in mind the character of the judicial review that this Court might exercise in such an instance, under Article 226 of the Constitution. In brief, these are the questions involved:
(3.) Ss. 41(1) and 41(1 -A) of the District Municipalities Act are as follows:
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