MADURAI CITY MUNICIPAL CORPORATION MADURAI Vs. T KANDASAMY SECRETARY OF THE MIDDEY MEALS CENTRE FOR THE SCHOOL VIZ SARAVANA BHAVA THIRUMURUGAN PRIMIARY SCHOOL WEST MADURAI

JUDGEMENT

(1.) THE Second Appeal is directed against the judgment in A.S.No. 119 of 1980 on the file of Sub-Court, Madurai, reversing the judgment and decree in O.S.No. 886 of 1978 on the file of the Additional District Munsif s Court, Madurai Town. THE facts of the case are as follows:-

(2.) BASICALLY, I am unable to see how the respondent/plaintiff has a right to recover the suit amount as and by way of contribution. The Noon-meal Scheme was introduced by way of the Government Orders. The various Government Orders and Letters issued from time to time by the Government are between the Government and the respective Municipalities. They do not create a right in favour of a School or the Secretary of the School to demand contribution from the local bodies. If the Municipalities, had disobeyed the orders of the Government, it is for the Government to take action against a particular Municipality. to repeat, none of the Government Orders creates a right in favour of any of the School to demand payment of the contribution and seek to recover the same by filing a suit. In this view of the matter both the Courts below have not directed their attention to the proper issue between the parties. The appellant had categorically raised the issue that there is no liability on the part of the Municipality to pay the suit amount and that the plaintiff had no locus standi to file a suit. This issue had never been answered by either of the Courts below. None of the document filed by the respondent/plaintiff creates a right in favour of the plaintiff to claim the suit amount. There is no privity of contract between the plaintiff and the defendant. There is no statutory liability cast on the defendant/Municipality to pay the amount. In this view of the matter the suit claim is not at all maintainable and consequently the second appeal is allowed and the judgment and decree of the trial Court is restored, though for different reasons. No costs.