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Madras High CourtWA/2373/2023disposed of

Lavanya v. The Additional Colletor (Development)

2023-10-20Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Lavanya ..

Appellant Vs.

1.The Additional Collector (Development), Project Director (Incharge) Tamil Nadu Corporation for Development of Women (TNCDW), Villupuram.

2.The Block Development Officer (V.Oo), Thiruvennainallur Block, Thiruvennainallur Taluk, Villupuram District.

3.The President, Aanathur Panchayat, Aanathur Village and Post, Thiruvennainallur Taluk, Villupuram District.

4.M.Chandrasekaran ..

Respondents

Prayer : Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 30.6.2023 made in W.P.No.19210 of 2023.

For the Appellant : Mr.D.Baskar For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.Karthik Jagannath Government Advocate for respondents 1 to 3

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.D.Baskar, learned counsel for the appellant and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.Karthik Jagannath, learned Government Advocate for respondents 1 to 3.

2. Learned counsel for the appellant submits that the appellant is in possession of the shop on lease since 25 years and is running electrical business. It is stated that the same is in the

name of Smiling Flowers Women Self Help Group. The appellant is not a defaulter. The appellant has not violated any of the terms of the lease. Now the respondent authorities want to discontinue the appellant, to allot the same to the other Self Help Group. The same is unreasonable.

3. Learned State Government Pleader submits that a person cannot be on lease for more than nine years as per the Government Order No.92, dated 03.07.2007. The appellant is in possession for more than 25 years.

4. We have considered the submissions.

5. It is not disputed that the appellant is only a tenant. The appellant does not have vested right. The shop, according to the respondents, cannot be in tenant's occupation or cannot be given on lease to one person for more than nine years.

6. Be that as it may, if the policy permits that the appellant

can still participate, then the appellant may participate in the process of fresh lease. However, the same would be subject to the policy of the respondents.

7. With these observations, the writ appeal stands disposed of. There will be no order as to costs. Consequently, C.M.P.No.19998 of 2023 is closed.

(S.V.G., CJ.) (D.B.C., J.) 20.10.2023 Index : Yes/No bbr To 1.The Additional Collector (Development), Project Director (Incharge) Tamil Nadu Corporation for Development of Women (TNCDW), Villupuram.

2.The Block Development Officer (V.Oo), Thiruvennainallur Block, Thiruvennainallur Taluk, Villupuram District.

3.The President, Aanathur Panchayat, Aanathur Village and Post, Thiruvennainallur Taluk, Villupuram District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr 20.10.2023