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TMI Blog1974 (8) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 third respondent also applied under section 256 of the Mysore Municipalities Act to instal generators with oil engines. 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 convert the building into one for exhibition of films. On 18 April, 1970 the first respondent rejected the application on the ground that a cinema theatre could not be permitted under the provisions of the Town Planning Scheme in force. On 29 April, 1970 the application for conversion of Kalyana Mantap-cum-Lecture Hall into a cinema theatre was rejected by the first respondent. 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. It should be noted here that the third respondent did not prefer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unction 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. 4904 of 1970 before the High Court of Mysore against the respondents. The High Court granted stay of operation of the four impeached resolutions. The appellant obtained special leave to appeal on 13 October, 1973. An interim stay was granted on that day. On 30 January, 1973 the interim stay was vacated. 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 appellant on 15 March, 1973 filed Writ Petition No. 755 of 1973 before the High Court challenging the order of the Deputy Commissioner. The petition is pending determination in the High Court. The High Court in quashing the three impeached resolutions said that the Municipal Council had no power under the Madras Place of Public Resorts Act, 1888 because that Act ceased to be in force. The resolutions dated 11 June, 1970 and 18 June, 1970 were quashed on that ground. The third impeac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... June, 1970, permitting the third respondent to convert the building into a cinema theatre. The High Court however made it clear that nothing said by the High Court in that order should come in the way of the Licensing Authority under the Cinemas Act in considering the merits of the application of the third respondent for a licence and the objections thereto by the appellant. Apart from clause 15 of the Town Planning Scheme which has already been noticed, reference may be made to clause 14 of the Scheme. Clause 14 provides that every part of the area shall be utilised for residential purposes only, provided Hotels, Clubs and buildings for public worship or instruction or places of social intercourse. or recreation or hospitals or dispensaries or for any other purposes may be permitted by the responsible authority with the previous approval of the Director. Counsel for the appellant rightly put in the forefront that there was no appeal preferred by the third respondent against the order of the Municipality dated 29 April, 1970 when the Municipality refused permission for construction of a cinema theatre building on the premises forming the subject of appeal. The appeal was onl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ge in furtherance of their business which they never possessed before. Consequently no action was maintainable. The question whether an individual who is one of a class for whose benefit such an obligation is imposed can or cannot enforce performance by an action must depend on the purview of the legislature in the particular statute. Injury may be caused either by the fulfilment of the duty cast by the statute or by failure to carry it out or by negligence in its performance. In order to succeed in an action for damages for breach of statutory duty the plaintiff must establish a breach of statutory obligation which, on the proper construction of the statute was intended to be a ground of civil liability to a class of persons of whom he is one. He must establish an injury or damage of a kind against which the statute was designed to give protection. The present case is not for pecuniary damages for breach of statutory duties. In the present case the appellant contends that the Municipality has illegally. sanctioned the plan for conversion into a cinema. The appellant as the resident in the area has the right to compel the Municipality to perform duty imposed by the statute. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and infringes or violates the rights of others, it becomes like all other individuals amenable to the jurisdiction of the Courts. If sanction is given to build by contravening a bye-law the jurisdiction of the Courts will be invoked on the ground that the approval by an authority of building plans which contravene the bye-laws made by that authority is illegal and inoperative [See Yabbicom V. King [1899] 1 Q. B. 444]. An illegal construction of a cinema building materially affects the right to or enjoyment of the property by persons residing in the residential area. The Municipal Authorities owe a duty and obligation under the statute to see that the residential area is not spoilt by unauthorised construction. The scheme is for the benefit of the residents of the locality. The Municipality acts in aid of the scheme. The rights of the residents in the area are invaded by an illegal construction of a cinema building. It has to be remembered that a scheme in a residential area means planned orderliness in accordance with the requirements of the residents. If the scheme is nullified by arbitrary acts in excess and derogation of the powers of the Municipality the courts will quash o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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