4904 of 1970 before the High Court of Mysore against the respondents.
Appeal by Special Leave from the Judgment Order dated the 22nd September, 1972 of the Mysore High Court in W. P. No.
On 2 April, 1972 the appellant filed Writ Petition No.
respondent Vidya Varidhi Thirtha Swamiar against the proceedings of the Chief Officer of the Municipal Council dated 18 April, 1970 refusing licence for exhibiting cinematograph films in the building situated in Moodanidambur village.
Thereafter the Municipal Council passed the four impeached resolutions which are subject matter of this appeal.
It may be stated here that the appellant filed a suit on 31 October, 1970 in the Court of the Munsiff of Udipi for grant of injunction against the third respondent from installing cinematographic apparatus and using the building as a cinema house.
On 7 December, 1971 Ananthakrishna Rao and two others filed Writ Petition No.
An interim stay was granted on that day.
The appellant obtained special leave to appeal on 13 October, 1973.
The petition is pending determination in the High Court.
The High Court granted stay of operation of the four impeached resolutions.
This appeal is against that judgment.
On 30 January, 1973 the interim stay was vacated.
On 20 March, 1970 there was an application under Madras Place of Public Resorts Act, 1888 for using the building as a public resort.
The third respondent made an application on 23 March, 1970 under the Madras Place of Public Resorts Act 1888, to the Chief Officer, Town Municipal Council for licence to use the building for exhibition of cinematographic films for public entertainment.
The High Court in quashing the three impeached resolutions said that the Municipal Council had numberpower under the Madras Place of Public Resorts Act, 1888 because that Act ceased to be in force.
The appellant on 15 March, 1973 filed Writ Petition No.
On 4 May, 1970 the third respondent filed an appeal against the order dated 18 April, 1970 under the Madras Place of Public Resorts Act.
The Judgment of the Court was delivered by RAY, C. J. This is an appeal by special leave from the judgment dated 22 September, 1972 of the High Court of Mysore.
By that resolution the Municipal Council companysidered the appeal filed by the.
The first impeached resolution is dated 11 June, 1970.
755 of 1973 before the High Court challenging the order of the Deputy Commissioner.
Vidya Varidhi Thirtha Swamiar of Shri Kanniyar Muth, Udipi is the third respondent.
On 14 March 1973 the Deputy Commissioner granted licence to the third respondent for exhibition of films under the Mysore Cinemas Regulations Act read with Mysore Cinemas Regulations Rules, 1971.
The two main companyditions of the above licence were that the building to be put up was to be a Kalyan Mantap and the companystruction was subject to the provisions of Madras Public Health Act, 1939 and the Scheme framed under the Madras Town Planning Act, 1920.
Licence was granted on 8 April, 1969 for the companystruction of Kalyana Mantap cum Lecture Hall.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
On 8 April, 1970 the third respondent applied to the Chief Officer, Town Municipal Council to extend the period of licence dated 8 April, 1969 and for permission to companyvert the building into one for exhibition of films.
The third respondent also applied under section 256 of the Mysore Municipalities Act to instal generators with oil engines.
In 1968 he made an application to the Municipal Council, Udipi for companystruction of Kalyana Mantap cum Lecture Hall.
2232 of 1973.
The resolutions dated 11 June, 1970 and 18 June, 1970 were quashed on that ground.
On 18 April, 1970 the first respondent rejected the application on the ground that a cinema theatre companyld number be permitted under the provisions of the Town Planning Scheme in force.
V. Patel, R. B. Datar and G. N. Rao, for the respondent No.
On 29 April, 1970 the application for companyversion of Kalyana Mantap cum Lecture Hall into a cinema theatre was rejected by the first respondent.
834 of 1972.
V. Gupte with K. N. Bhatt and B. Krishna Rao, for the appellant.
It should be numbered here that the third respondent did number prefer an appeal against the order of the first respondent dated 29 April, 1970 rejecting the companyversion of Kalyana Mantap into a cinema theatre.
