LAWS(MAD)-1967-8-62

ABDUL MALICK Vs. COLLECTOR OF DHARMAPURI

Decided On August 02, 1967
Abdul Malick Appellant
V/S
COLLECTOR OF DHARMAPURI Respondents

JUDGEMENT

(1.) This petition is filed for the issue of a writ of certiorari calling for the records of the Commissioner of Land Revenue and Settlement of Estates, Board of Revenue, relating to B.P.Rt. 2343(1) and to quash the order dated 20th April, 1967, made therein.

(2.) The Petitioner applied to the Collector of Dharmapuri for the grant of a no-objection certificate to locate a touring cinema theatre in S. No. 34/1, in Mallapuram Village on 15th February, 1966. On 16th February, 1966 the third respondent applied to the Collector of Dharmapuri for the grant of no-objection certificate for locating a touring cinema theatre in S. No. 154 in Bommidi Village. The two sites were within the prohibited distance of four furlongs. The application of the petitioner was published an 9th March, 1966 in the notice board of the Collector's Office. On 15th April, 1966 an objection petition was filed by one Michael objecting to the grant of a no-objection certificate to the petitioner on the ground that a Harijan colony was very close to the site chosen by the petitioner and that, if a permit was given to locate a touring cinema theatre, it would cause nuisance. Another objection petition was filed by one Rangan on 24th August, 1966. The Collector made a personal inspection of the sites and on 20th November, 1966 granted a no-objection certificate to the petitioner and rejected the application of the third respondent.

(3.) The third respondent preferred appeals to the Board of Revenue, one against the other granting a no-objection certificate to the petitioner and another against the order rejecting his application far the grant of a no-abjection certificate. The appeals were heard by the Board of Revenue and it allowed the appeals of the third respondent and granted a no-abjection certificate to him and declined to grant a no-objection certificate to the petitioner. The present petition is filed against that order by the petitioner.