The Royal Madras Yacht Club vs The State of Tamil and Others

Markandey Katju, C.J.—This writ appeal has been filed against the impugned order of the learned single Judge dated 30.6.2005 passed in Writ Petition No. 8380 of 2005.

We have heard the learned counsel for the appellant and find no merit in this appeal.

The appellant is a Yacht Club which was given a lease for 25 years, on 28.11.1973. That 25 years period had expired on 16.7.1999, but the appellant has not yet vacated. The appellant has only applied for renewal of lease, but no such renewal has been granted. Hence the appellant has no right to remain in possession. Moreover, the issue involved in this case is covered by the decision of a Division Bench of this Court in K.M. Mohan v. The District Collector, Vellore ( Writ Appeal No.1172 of 2005 dated 29.7.2005).

The learned single Judge has held that the respondents can proceed in accordance with the provisions of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975. We see no infirmity in this order. The writ appeal is dismissed. No costs. W.A.M.P. No. 2764 of 2005 is dismissed.