This appeal is directed against the judgment and order dated 29th September, 2004 passed by a Division Bench of the High Court of Judicature at Madras in Writ Appeal No.303 of 2004, whereby the High Court has upheld the view taken by the learned Single Judge and dismissed the appeal of the appellants herein.
Hence, licence fee would be payable under Clause 3.1 b of the Guidelines for companymercial licensing of Railway lands as revised by Railway Boards letters dated 17.9.1985 and 8.10.1987.
The respondent Delight Manufacturing Company took a vacant plot of land on lease belonging to the Southern Railway in 1948 and is in occupation thereof since then.
The Division Bench dismissed the appeal holding that the leased property would fall under Clause 3.1 b of the said Guidelines.
The learned Single Judge of the High Court allowed the writ petition and held that what had been leased to the respondent was number a shop but a vacant plot of land.
Aggrieved by the aforesaid order passed by the learned Single Judge, the appellants filed an appeal before the Division Bench of the High Court.
When the rent was revised to Rs.3,000/ , the respondent challenged this by filing a writ petition before the Madras High Court.
This Court on 9th February, 2011 referred this matter for mediation for resolving the disputes between the parties.
The respondent has been operating a restaurant by bringing up a superstructure thereon.
Heard the learned companynsel for the parties.
The appellants are thus before this Court.
