B N CHOWDAPPA CHETTI Vs. PRESIDENT, PANCHAYAT BOARD

JUDGEMENT

(1.) Since the year 1930 the petitioner has been carrying on a rice milling business at Karimangalam in premises which had been used for the same purpose from 1920 to 1930 by his brother. By virtue of the provisions of Section 193 of the Madras Local Boards Act, 1930, the Panchayat Board of Karimangalam was empowered to require the petitioner to take out a license in respect of the premises. Licenses were issued to the petitioner from year to year but in 1939 the Board refused a further renewal. The petitioner says that in doing so the Board has acted in excess of its powers and asks that its order be quashed.

(2.) Sub- Section (1) of Section 193 states that the Panchayat Board may notify that no place within the limits of the village shall be used for any one or more of the purposes specified in Schedule VII without a license issued by the President of the Board and except in accordance with the conditions specified in the license, provided that no notification shall take effect until 60 days from the date of publication. The purposes for which premises may hot be used without a license include the "using for any industrial purpose any fuel or machinery". Sub- Section (2) says that the owner or occupier shall within thirty days of the publication of the notification under sub- Section (1) apply to the president of the Board for a license for the use of the premises for the purpose intended. Sub- Sec. (3) says that the president may, by an order and under such restrictions and regulations as he thinks fit, grant a license or refuse to grant it.

(3.) On the 20 September, 1932, the Panchayat Board caused a notification to be issued under Section 193(1) to the effect that no place within the limits of its jurisdiction should be used for specified purposes without a license from the president. The notification applied expressly to rice mills and the license fee was fixed at Rs. 5. In pursuance of this notification the petitioner applied for and was granted a license by the Board and he renewed his application every year. On the 21 January, 1938, avfresh notification was published by the Board. It differed from the earlier notification only in that it increased the license fee from Rs. 5 to 10. On the 18 February, 1938, the Board issued a notification under Section 215-A of the Act. This section says: Whenever a local board sets aparr any place for any purpose or prohibits the doing of anything in any place, the president shall forthwith cause to be put up a notice in the chief vernacular language of fee locality specifying the purpose for which such place has been set apart or the act prohibited in such place