A.BASKAR Vs. TUTICORIN CORPORATION

JUDGEMENT

(1.) The plaintiff is O.S.No.278 of 2005 on the file of the Principal District Munsif Court, Thoothukudi, is the appellant herein. The suit schedule property belonged to the plaintiff. The plaintiff had rented out the said building. The plaintiff would claim that upto 1997, the half yearly house tax for the suit schedule property was only Rs.162.00. He would claim that without following the procedure set out in the District Municipalities Act, it was arbitrarily enhanced to Rs.4,087.00 and the officials of the defendant/local body coerced the plaintiff to pay a sum of Rs.28,609.00 in the year 1999. The plaintiff was threatened with disconnection of water supply and also the drainage connection. Therefore, the appellant had to pay the said amount under protest. The appellant has been remitting the half yearly tax at Rs.4,087.00 under protest ever since. Since the very levy and collection of the said amount from the plaintiff was illegal, the plaintiff issued Ex.A.21/notice dtd. 21/5/2005 seeking refund of the amount paid by the plaintiff under protest. Since there was no response to the same, he filed the aforesaid suit on 9/6/2005. The plaintiff examined himself as P.W.1 and marked Exs.A.1 to A.22. A corporation official was examined as D.W.1 and Exs.B.1 and B.2 were marked through him.

(2.) The learned Trial Judge after a detailed consideration of the evidence on record decreed the suit and directed the defendant/corporation to refund the suit amount of Rs.77,609.00 with interest. Questioning the same, the defendant filed A.S.No.10 of 2011 before the Additional District Court/Fast Track Court No.1, Thoothukudi. By judgment and decree dtd. 20/6/2011, the judgment and decree passed by the Trial Court was set aside and the appeal was allowed. Challenging the same, the second appeal came to be filed.

(3.) The second appeal was admitted on the following substantial questions of law:-