DHANUSKOTI AND ORS. Vs. STATE OF MADRAS REPRESENTED BY SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT AND LOCAL ADMINISTRATION DEPARTMENT AND ORS.

JUDGEMENT

(1.) THESE petitions arise out of the application filed by Rev. Fr. Mathew D. Muttom, Director, Catholic Vivasaya Sangam, T. Sindalachery Village, Madurai District, under Sections 111 and 112 of the Madras Panchayats Act, 1958, and the orders passed thereon by the Uthamapalayam Panchayat Union Council, the Collector of Madurai and the State of Madras.

(2.) IN February 1965, Rev. Fr. Mathew D. Muttom applied to the Commissioner of the Uthamapalayam Panchayat Union Council for approval of the use of a site for running a flour mill. On 29th June 1965 T. Sindalahery Panchayat by a resolution sanctioned the establishment of a flour mill. On 17th July, 1965, the District Health Officer, Madurai approved the site proposed for the installation of the electric motor and on 20th August, 1965, the Commissioner, Panchayat Union, Uthamapalayam, informed Rev. Fr. Mathew D. Muttom that necessary steps may be taken to remit the installation fees and get orders before installing the machine. On 24th November, 1965, Rev. Fr. Mathew D. Muttom made an application in the printed form under Sections 111 and 112 of the Madras Panchayats Act for establishment of a flour mill. On 21st May, 1966 the Panchayat Union Council adjourned consideration of the subject and on 17th September, 1966, the Council refused to issue the licence on the ground that there was already an existing rice mill and that T. Sindalachery is a small village. On 19th October, 1966, Rev. Fr. Mathew D. Muttom filed a petition to the Collector against the orders of the Panchayat Union Council praying for the grant of the licence to run the flour mill. On 30th June, 1967 the Sub -Collector in his Memorandum No. Roc. C -2. 44717/66 was of the view that the Panchayat Union Council, Uthamapalayam should have, within sixty days from the date of receipt of the application, either refused or granted permission, and that as the order was not communicated within sixty days from the date of receipt of the application, the permission applied for is deemed to have been granted for the year 1965 -66 for which it was applied for, under Section 159 (3) of the Act. On 31st August, 1967, the Commissioner of the Panchayat Union Council granted permission for the installation of the electric motor for the running of flour mill. The proceedings further stated that the installation should be completed within sixty days from the date of receipt of the order.

(3.) THE contention of Mr. V. P. Raman, the learned Counsel for the Panchayat Union Council, Uthamapalayam is that the Government acted without jurisdiction in granting the permission to Rev. Fr. Mathew D. Muttom by its order dated 18th July, 1968. He also submitted that in any event the Government having; delegated its powers to the Director of Rural Development, it cannot seek to revise the Orders of the Director of Rural Development. The order of the Government was also challenged on the ground that it was passed without notice to the Panchayat Union Council which was the aggrieved party, and therefore, opposed to the principles of natural justice. Lastly, it was contended that the Rev. Father cannot rely on Section 159 (3) of the Madras Panchayats Act, as the section would not be applicable to licences which are not granted for a specific period.