STATE OF TAMIL NADU Vs. MAHAVIR PLANTATION LTD

JUDGEMENT

(1.) This Second Appeal has been filed by the defendants against the judgment and decree passed by the District Judge, Udhagamandalam, in AS.No.30 of 1998 dated 29.02.2000 modifying the judgment and decree passed by the Sub-Judge, Udhagamandalam, in O.S.No.600 of 1995 dated 18.04.1998.

(2.) The respondent herein has filed a suit in O.S.No.600 of 1995 on the file of the Sub-Judge, Udhagamandalam, for declaration that the demand and collection of fees for the renewal of the four permits issued to the plaintiff pursuant to the two G.Os viz., G.O.Ms.No.781, Forests and Fisheries dated 21.07.1986 and G.O.Ms.No.272, Environment and Forests Department dated 15.04.1991 at the enhanced rate of 10% and 12=% of the market value of the forest lands classifying the same as industrial/ commercial purpose is illegal; consequently for a permanent injunction restraining the Government from collecting the enhanced rate pursuant to the said two GOs from the plaintiff and for the refund of the total sum of Rs. 78,045/- demanded and collected illegally from the plaintiff and which had been paid by the plaintiff under protest with interest @ 18% p.a., and for costs of the suit.

(3.) The learned Sub-Judge, Udhagamandalam, by the judgment and decree dated 16.04.1998 has decreed the suit and directed the defendants to refund the suit amount after deducting 1% permit fees with interest @ 12% p.a., and also directed the defendant to pay costs of the suit to the plaintiff. Aggrieved by the same, the defendants have preferred an appeal in A.S.No.30 of 1998 on the file of the District Judge, Udhagamandalam. The learned District Judge has partly allowed the appeal and modified the judgment and decree directing the defendants instead of refunding the aforesaid amount, adjust the said amount with the amount to be paid by the plaintiffs in future. In respect of other reliefs, the judgment and decree of the trial court are confirmed. He also directed the parties to bear their respective costs. Feeling aggrieved, the defendants have filed the present second appeal. For the sake of convenience, the parties are referred to as described before the trial court.