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

P.D. Dinakaran, J.—By consent of parties, the writ petition itself is taken up for disposal.

The petitioner Yacht Club was established in the year 1911 and the Chairman, Chennai Port Trust is its Patron. The land in question was leased

out to the petitioner for 25 years by G.O.Ms. No. 1827 dated 28.11.1973 on payment of Re.1/- per year. A club house annex has been built on

the land leased out to the petitioner. Since the lease expired on 16.7.1999, the petitioner applied for renewal of lease for a further period of 25

years. The rent for further 25 years has been received by the respondents. Hence, the petitioner club is deemed to be a lessee. However, the first

respondent passed G.O. No. 20, Public Work (K) Department dated 18.1.2005 stating that the land leased out to the petitioner is required for the

Government, which necessitated the petitioner to file this writ petition.

Heard Mr.S.W.Kanagaraj, learned counsel for the petitioner and Mr.E.Sampathkumar, learned Government Advocate appearing for the

respondents.

Concededly, the lease of land granted to the petitioner Club expired and the renewal of lease has not been granted. Even as per the impugned

G.O., the first respondent has made it clear that the Chief Engineer, Water Resources Organisation, Public Works Department, Chennai Region

shall issue notice of resumption and take possession of the land in question.

As held by the Supreme Court in M/s. Anamallai Club Vs. Government of Tamil Nadu and others, after determination of the grant, though the

grantee has no right to remain in possession, the State cannot take unilateral possession without taking recourse to the procedure provided under

the Government Grants Act, 1895 and the Government should adopt the procedure prescribed under Sections 4 and 5 of the Tamil Nadu Public

Premises (Eviction of Unauthorised Occupants) Act, 1975 after determination of the licence granted under the Government Grants Act.

That apart, even in the earlier writ petition filed by the petitioner challenging the levy of assessment and penalty under Sections 3 and 5 of the

Tamil Nadu Land Encroachment Act, 1905 in W.P. No. 25356 of 2004, this Court granted liberty to the respondent-authorities to proceed

further in accordance with law after giving due notice to the petitioner.

Therefore, when the respondents have proposed to take action for resumption of possession of the land after determination of the lease, it is not

proper for this Court to prevent them from doing so. Hence, except to reiterate that the respondents are at liberty to proceed in accordance with

the provisions of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975, no further orders are required.

The writ petition is disposed of accordingly. No costs. Connected WP.M.P. is closed.