C RAMAMURTHY Vs. CUDDALORE MUNICIPALITY

JUDGEMENT

(1.) WHEN the matter was taken up on 23. 8. 2007, there was no representation for the respondent. We heard the appellant and dictated orders in the open Court granting the relief as prayed for by pointing out that there was no opposition from the respondent. After some time, the counsel for the respondent appeared and pleaded that he would prepare and argue the case on merits and sought for time. Hence, the case is listed today. The counsel for the respondent today submitted that the orders dictated on 23. 8. 2007 may be recalled. The counsel for the appellants fairly accepted for the same. Hence, the orders dictated on 23. 8. 2007 not yet signed is recalled. The appeals are heard on merits.

(2.) IN these writ appeals, the appellants challenge the correctness of the order of the learned single Judge dated 12. 10. 2001 made in W. P. No. 19192 of 2001 and W. P. No. 19118 of 2001, dated 15. 10. 2001, whereby the learned single Judge non suited the appellants herein in questioning the correctness of fixation of rent for the shops, which is under the possession of the respective appellants in a sum of Rs. 4493/- and Rs. 6740/- respectively but owned by the respondent.

(3.) ORIGINALLY, the appellants were tenants under the respondent-Municipality. The appellants were evicted. The old building was demolished and new shops were constructed in that place and allotted to various persons on rent for augmenting income to the respondent-Municipality.