LAWS(MAD)-1953-10-2

MARIMUTHU NADAR Vs. TUTIKORIN MUNICIPALITY

Decided On October 27, 1953
MARIMUTHU NADAR Appellant
V/S
TUTIKORIN MUNICIPALITY Respondents

JUDGEMENT

(1.) The plaintiffs instituted O. S. No. 309 of 1950 in the District Munsif's Court, Tuticorin, a representative suit on behalf of themselves and other owners of properties within the Tuticorin Municipality in respect of which the defendants who are the Tuticorin Municipality published a scheme for the area covered by these properties as the area of Town Planning Scheme "D" of the Tuticorin Municipality. The suit was for a declaration that the "D" scheme 'propounded by the defendants under the Town Planning Act was illegal and 'ultra vires' and for a permanent injunction prohibiting them from enforcing all or any provisions of the scheme against the plaintiffs.

(2.) The plaintiffs valued the suit for purposes of court-fee and jurisdiction at Rs. 110 and paid a court-fee of Rs. 15 for declaration under Schedule II Article 17, Court-fees Act and for injunction at Re. 1-1-0 under Section 7(iv)(d), Court-fees Act. An issue was raised as to the correctness of the Court-fee paid which was tried as a preliminary issue. Besides, the Court-fee examiner also issued a check slip that the suit should have been valued under the proviso to Section 7 Clause iv- c, Madras Court-fees Act. Section 7 Clause iv-c relates to suits to obtain a declaratory decree or order where conse quential relief is prayed and a proviso is added by the enactment of Madras Act V of 1922. That proviso is in the following terms:

(3.) The learned District Munsif upheld the contention of the Court-fee examiner and held that the proviso to Section 7 Clause iv-c was applicable to the present case.