G RAMANATHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE above appeal is preferred against the decree and judgment made in O.S. No. 76 of 1983 on the file of the Additional Subordinate Judge, Tanjavur dismissing the relief prayed for by the appellants therein.

(2.) THE plaintiffs are the appellants.

(3.) IN this case, the Government had been openly encouraging illegal and unauthorised sales through branches, close to the appellants shop or his territorial limits. The appellant was forced not only to incur loss but also closed down his shop being unable to resist unhealthy competition in the trade, done with the connivance of the Government. In such circumstances, the Government has no jurisdiction whatsoever to demand rental for September and October 1983 and the respondent cannot resort to revenue recovery proceedings as communicated in the communication.