COIMBATORE MUNICIPALITY Vs. C G SUBBIAH

JUDGEMENT

(1.) The defendant in O-S. No. 1417 of 1965 on the file of the District Munsif Court, Coimbatore is the appellant in this Letters Patent Appeal. The respondent herein filed a suit for declaration that -the levy of fees by the defendant at Rs. 2.50 per day in respect of stall No. 164 in the occupation of the plaintiff in Tyagi Kumaran Market at Coimbatore is illegal and void, for a permanent injunction restraining the defendant Municipality and its subordinates from collecting the said enhanced fees from the plaintiff in respect of the said stall Rs. 164 and for costs of suit.

(2.) The plaint allegations are as follows: The respondent herein is the occupier of Stall No. 1,64 in Thyagi Kumaran Market in Coimbatore, town, which is a public market run by the Coimbatore Municipality. The respondent-plaintiff is one of the earliest occupies in the said market, having come there over 25 years prior to suit. What was originally rented to the plaintiff was only an area of vacant ground without any stall or superstructure thereon. Stall bearing No. 164 was put up by the plaintiff at his costs on the area of ground rented to him and is in his occupation. He has made improvements to it at his own cost. The ground area occupied by the plaintiff is 312 sq. ft. In 1951, the fee for the ground area of the stall was fixed at Re. 18 per mensem, and the plaintiff was paying at that rate.

(3.) On 1-4-1964, the defendant Municipality made a general increase in the fees by 25 per cent for all the stalls in the market. The plaintiff was required to pay Re. 0.78 per day for the area of stall No. 164 and accordingly he has been paying at that rate. By another resolution of the Municipality, which is Resolution No. 1309 dated 23-1-1965, the defendant-Municipality has sought to increase the fees for stall No. 164, which is in plaintiffs occupation from Re. 0.78 per day to Rs. 2.50 per day. By notice dated 20-3-196-5, the plaintiff was called upon to pay the increased levy with effect from 1-4-1965. It is the further case of the plaintiff-respondent that in respect of other stalls also in the said market the defendant-Municipality by the above said resolution sought to make some increase. Some of the stallholders have already filed a suit 0. S. No. 110 of 1965, against the Municipality in the Sub-Court, Coirnbatore, objecting to the increase of fees and obtained interim injunction.