B.N. CHOWDAPPA CHETTIAR, PROPRIETOR OF SRI LAKSHMINARAYANA RICE MILLS Vs. EXECUTIVE OFFICER, KARIAMANGALAM PANCHAYAT BOARD

JUDGEMENT

(1.) THESE are petitions for the issue of writs of certiorari seeking cancellation of orders passed by the Executive Officer, Panchayat Board, Kariamangalam in Salem District relating to the issue of licences for the continuance of an electric motor and oil engine to work the petitioner's rice mill within the limits of the Panchayat.

(2.) CHOWDAPPA Chettiar, the petitioner, is carrying on business as a rice miller at Kariamangalam under the name of Sri Lakshminarayana Rice Mills. In or about 1942 when the Panchayat of the Kariamangalam was governed by the provisions of the Madras Local Boards Act the petitioner started the mill and obtained licences for working it with power. Though the resolution of the local authority permitted the petitioner to install both an oil engine as well as an electric motor to run his mill he originally installed only an oil engine. In or about 1943 an electric motor of 25 horse -power was installed in addition and between the years 1942 and 1945 the mill was operated with the aid of both these pieces of machinery. In 1945 the oil engine was removed having been sold by the petitioner. In the place of the oil engine an additional electric motor was installed in 1947. Things continued in this state, that is, the rice mill was being operated by two electric motors of 25 horse -power each, when the Village Panchayat Act, 1950, effected a change in the local administration which now got to be governed by the provisions of this later enactment. In 1952 consequent on the drought and lack of water to generate hydro -electric power there was a cut imposed on the consumption of electricity. In order to make up for the deficiency in this source, the petitioner applied to the Executive Officer of the Panchayat for permission to install an oil engine to be used as a stand -by when the electric motors could not be run. This was recommended by the District Health Officer and the Executive Officer of the Panchayat accordingly granted to the petitioner a licence to install and maintain the two electric motors of 25 horse -power each which he had been having from 1947 onwards as well as a 34 horse -power oil engine. For the year 1952 -1953 the licence for the two electric motors was issued on 17th April, 1952, while that for the oil engine on 16th March, 1953. In relation to the oil engine the petitioner was informed by the Executive Officer that the oil engine was to be used only for the duration of the cut in electric power. The exact terms of this order which was dated 27th June, 1952 ran:

(3.) IN pursuance of this last sentence the petitioner applied for and obtained the licence on 16th March, 1953, to which I have already referred. The petitioner worked the oil engine and the electric motors during 1952 -1953 in the manner indicated in the licence.