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Commnr., Salem Municipality v. T. Kuralmani

Supreme Court of India · 30 October 1995 · [1995] SUPP. 4 S.C.R. 563

Court
Supreme Court of India
Decided
30 October 1995
Case no.
C.A. No. 9879 of 1995
Reported as
[1995] SUPP. 4 S.C.R. 563
Result
Appeal(s) allowed
Bench
Ramaswamy, K.
Length
1 pages
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PETITIONER:
COMMISSIONER, SALEM MUNICIPALITY
Vs.
RESPONDENT:
T. KURALMANI & ANR.
DATE OF JUDGMENT30/10/1995
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC Supl. (4) 105 JT 1995 (8) 53
1995 SCALE (6)217

ACT

HEADNOTE

JUDGMENT

ORDER

Leave granted.

Having heard the learned counsel on both sides, we think that the Tribunal, by the impugned order, was not justified in summarily disposing of the matter without considering the rival contentions which in the background of the facts of this case, ought to be gone into. Under these circumstances, the order of the Tribunal dated 10.1.1995 made in O.A. 3427/90 is set aside. The matter is remitted to the Tamil Nadu Administrative Tribunal, Madras, for a fresh disposal according to law. It is made clear that we are not expressing any opinion on merits and the Tribunal is free to consider the entire controversy in the light of the Government order and pass appropriate orders according to Rules.

1. The appeal is allowed accordingly. No costs.

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