Full Judgment Text
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PETITIONER:
COMMISSIONER, SALEM MUNICIPALITY
Vs.
RESPONDENT:
T. KURALMANI & ANR.
DATE OF JUDGMENT30/10/1995
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
HANSARIA B.L. (J)
CITATION:
1995 SCC Supl. (4) 105 JT 1995 (8) 53
1995 SCALE (6)217
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
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.