T VENKATASUBBIAH SETTY Vs. COMMISSIONER CORPORATION OF THE CITY OF BANGALORE

JUDGEMENT

(1.) The petitioner is a manufacturer of soaps. In this petition under Article 226 of the Constitution, he has challenged the orders of the authorities of the Bangalore City Municipal Corporation (hereinafter referred to as the 'Corporation') refusing him licence to carry on manufacture of soaps in the premises in which he has been so doing.

(2.) Most of the material facts are not in dispute. The petitioner has been carrying on the manufacture of soaps in a shed in the compound of premises No. 20. III Block, Jayanagar in Bangalore, Jayanagar Extention was formed by the Bangalore City Improvement Trust Board and was outside limits of the Corporation. The petitioner has been residing in the main premises which has been taken on lease. He has obtained the consent of the landlord to carry on manufacture of soaps in that land.

(3.) For the first time the petitioner made an application to the Commissioner of the Corporation, respondent-1 on 29-1-1964 for the grant of a licence for manufacture of soaps. On 16-4-1964 on endorsement signed by the Health Officer of the Corporation for the Commissioner was issued to him intimating that licence had been refused. He sent another petition to the Commissioner on 4-5-1964 contending that his application for licence had not been considered by the Commissioner and the same might be disposed of on merits. As no reply was received from the Commissioner, he filed an appeal to the Standing Committee (Health) on the Corporation against the Order refusing licence. The Standing Committee rejected his appeal on 27-4-1965 and an endorsement was issued to him on 18-6-1965 intimating such rejection.