AKA LAKSHMINARASIMHAM Vs. GUNTUR MUNICIPALITY
LAWS(APH)-1955-2-7
HIGH COURT OF ANDHRA PRADESH
Decided on February 15,1955

AKA LAKSHMINARASIMHAM Appellant
VERSUS
GUNTUR MUNICIPALITY REPRESENTED BY THE COMMISSIONER AND SPECIAL OFFICER, GUNTUR Respondents


Referred Judgements :-

GAMINI RANGAPPA V. RAJAHMUNDRY MUNICIPAL COUNCIL [REFERRED TO]


JUDGEMENT

- (1.)Plaintiff is the appellant. He sued the respondent herein for a declaration that the levy of the licence fee of Rs. 30, dated 23rd February, 1949, was illegal and for a permanent injunction restraining the respondent from collecting the sum of Rs. 30 and from removing or disturbing or dislocating the stone-slabs spread by him over the side channels in front of the four gates of his house. His case was that when he constructed nis house in Arundelpet, Guntur, in 1904, he applied to the Collector for permission to lay stone slabs on the drainage channels in front of his house, that the municipal council, as well as the Revenue Divisional Officer recommended the grant of the permission and the Collector finally granted him permission on 15th April, 1906, subject to the condition that the slabs should not in any way obstruct public traffic or drainage. He contended that as the slabs were in existence for over 40 years with the permission of the Collector, the Municipality had no right to levy licence fee.
(2.)The municipality contended that, under the provisions of the District Municipalities Act, they were entitled to have the slabs removed as they were encroachments on the public site and that they were entitled to levy the licence fee. The District Munsif of Guntur upheld the contention of the defendant and dismissed the suit in toto. On appeal, the Subordinate Judge of Guntur held that the levy of licence fee was not in accordance with the provisions of the District Municipalities Act and granted an injunction from collecting the said sum, but he refused to grant an injunction restraining the municipality from interfering with the drain coverings on the side channels in front of the gates of the appellant's house. Hence the Aecond Agpeal was filed by the plaintiff before this Court.
(3.)The only question argued by the learned advocate for the appellant was that by reason of the order dated 15th April, 1906, passed by the Collector of Guntur, the municipality is not entitled to interfere with the drain coverings. It is true, no doubt, that, while the Act of 1884 was in force, the appellant herein sought permission for putting stone slabs over the side channel in front of the four gates of his building. Both the municipal council and the Revenue Divisional Officer recommended his application and the Collector passed the following order :- "The permission sought for is granted subject to the condition that the slabs should not in any way obstruct public traffic or drainage at the places in point."
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