ANANDAKRISHNAN Vs. COMMISSIONER KUZHITHURAI MUNICIPALITY

JUDGEMENT

(1.) THE unsuccessful plaintiff is the appellant.

(2.) THE plaintiff filed the suit for declaration and injunction. THE case of the plaintiff was that he is engaged in the business of Plantain Fruit Processing in the Marthandam Vegetable Market owned by the respondent and he was granted licence to do the said business and acting on the licence, he has constructed a pucca building and he is doing business for the past more than 60 years and the defendant issued notice on 21.1.2001 stating that they are going to auction the right to process the plantain fruit by fumigation and therefore, the suit was filed stating that the licence granted in favour of the plaintiff is irrevocable as per section 60(b) of the Easements Act and therefore, prayed for declaration that he is entitled to continue with his Fruit Processing work in the site allotted to him and for injunction.

(3.) THE substantial questions of law that arise for consideration in this second appeal are:-