K RANGANAYAKULU Vs. MUNICIPAL COMMISSIONER VIJAYAWADA MUNICIPALITY

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution, for the issue of a writ of mandamus or other appropriate writ or order restraining the Vijayawada Municipality from proceeding with the action threatened in and by its notice dated 22-2-1956.

(2.) The facts which have given rise to this writ petition are simple and are not in controversy. The petitioner owns a saw-mill at Vijayawada. On an application made by him to the Commissioner of the Vijayawada Municipality on 12-9-1948, under Section 250 of the Madras District Municipalities Act, he was granted permission to install electric driven machinery for the saw-mill, Pursuant to the permission so granted, the petitioner has been running the saw-mill and renewal licences under Section 249 of the District Municipalities Act were being applied for and granted.

(3.) On 20-3-1952, the petitioner applied for permission under Section 250 of the District Municipalities Act for installing an additional 10 H. P. electric motor in the vacant premises contiguous to the premises in which he was already accorded permission to install the electric machinery for the purpose of running the saw-mill. It is common ground that there was no reply from the Municipality either granting the permission or rejecting the application made by the petitioner. Under Section 321, Clause (if) of the District Municipalities Act, a period of thirty days is provided from the date of the application for the Municipality to reject the application, failing which it must be deemed that the permission applied for is granted.