1973 Supreme(Mad) 186
M.M.ISMAIL, NATARAJAN
Arumugha Kone . . – Appellant
Versus
The Palayamcottai Municipal Council represented by its Commissioner and others – Respondent
Advocates:
M.K. Nambiar for K. Chidambaram, for Appellant in W.A. No. 218 of 1972.
T.R. Mani, for Petitioner in all Petitions.
V.K. Thiruvenkatachari for Mohan, for 1st Respondent.
K. Alagiriswamy, for 2nd Respondent.
S. Mohan and K. Alagiriswamy, for Respondent in all Petitions.
T.V.B. Karthikeyan, for Government Pleader, for 3rd Respondent in W.A. No. 218 of 1972.
Ismail, J.- Writ Appeal No. 218 of 1972 has been filed against the Judgment of Ramaprasada Rao, J., dated 20th July, 1972 dismissing W.P. No. 777 of 1972, filed by the appellant herein. The Palayamcottai Municipality owns a public market known as the Municipal Mahatma Gandhi Market and the appellant herein happened to be a licensee of stall Nos. 1 and 2 in Block No. 9 of the said market. He filed the writ petition (W.P.No. 777 of 1972) praying for the issue of a Writ of mandamus or any other appropriate writ, order or direction forbearing the respondents therein from enforcing or collecting the increased fees for the use of the stalls, shops, pans and stands situated in the Mahatma Gandhi Market at Palayamcottai, pursuant to the resolution passed by the first respondent, namely, the Municipal Council,. No. 1518 (1 to 7) dated 14th February,, 1972. The said market has been established several years ago and is maintained out of the Municipal funds. The market consists of a large number of stalls and one portion of the market is reserved as fresh market. Certain other stalls in another portion are reserved as mutton stalls. In addition to there being a regular market, a weekly shandy
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