COMMISSIONER NAGAPATTINAM MUNICIPALITY NAGAPATTINAM Vs. P PALANIVELU

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 22.4.1993 passed by the learned single Judge in W.P.No.6283 of 1993. At the stage of admission, the first respondent has put in appearance through counsel. As the appeal lies in a narrow compass, it is admitted and heard for final disposal.

(2.) IN the writ petition, the first respondent herein sought for quashing the order bearing No.Na.Ka.No.9598/92/Aa.6, dated 5.3.1993 terminating the lease granted in his favour in respect of the premises situated at Nagapattinam belonging to the appellant on a monthly rent of Rs.3,016 for a period of three years from 1.3.1992. The case of the appellant is that as the first respondent failed to pay the rent regularly in terms of the lease, the appellant had no alternative but to terminate the lease. The learned single Judge has interfered with the order on the ground that the lease has been terminated without affording an opportunity to the 1st respondent to explain the circumstances resulting in default of payment of rent.