Lions Club Of Arni v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2023
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM and W.M.P.No.26028 of 2017 Lions Club of Arni rep. by its President P.Surendran Municipal Office Road, Arni, Tiruvannamalai District.
P.C. 632 301.
...Petitioner
-Vs1 The Tahsildar, Taluk Office, Arni, Tiruvannamalai District.
2 The Secretary to Government, Revenue and Disaster Management Secretariat, Chennai 600009.
3 The Additional Chief Secretary, Revenue and Disaster Management Cum Commissioner of Land Administration, Chennai. 4 The District Collector Tiruvannamalai District, Tiruvannamalai.
...Respondents
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[R2 TO R4 IMPLEADED VIDE ORDER DT 21.07.2022 MADE IN WMP.10200/2022 IN WP.24666/2017 BY RSMJ) Prayer:- Writ petition filed under Article 226 of the Constitution of India calling for the records relating to impugned Notice dated 26.7.2017 passed in Na.Ka.G1/3704/93 on the file of the respondent herein quash the same amended as calling for the records relating to the Impugned G.O. No.76 Revenue (Ni.Mu.2(1)) Department Dt. 26.07.2017 passed in Na.Ka.G1/3704/93 on the file of the respondent herein quash the same. [(PRAYER AMENDED VIDE ORDER DT 10.03.2022 MADE IN WMP.5413/2022 IN WP.24666/2017 BY VBDJ)] For Petitioner : Mr.S.Vishwanathan For Respondents : Mr.Abishek Murthy [Government Advocate]
O R D E R
The writ petition has been instituted questioning the validity of the notice issued by the Tahsildar, Arani asking the petitioner to pay the lease rent in respect of the leased property belonging to the Government within a period of 15 days failing which further actions will be initiated.
2. The learned counsel for the petitioner and the learned Government Advocate appearing on behalf of the respondents state that the lease 2/5
agreement expired long back and thereafter the writ petitioner had vacated the Government property and handed over the possession to the Government Authorities. However, the arrears of lease rent due to the Government is to be recovered by following the procedures as contemplated under law.
3. In this context, the leaned counsel for the petitioner drew the attention of this Court that the petitioner submitted a representation to grant waiver of the arrears of the lease rent and it is under consideration of the Government. However, this Court cannot give any finding in respect of the pending application before the Government. As far as the lease agreement is concerned it is expired long back and possession was also handed over by the petitioner. The arrears of rent due to the Government is to be recovered by following the procedures as contemplated under law.
4. With these observations, the writ petition stands disposed of. No costs. Consequently, the connected miscellaneous petition is closed. (shr) 27.03.2023 Index : Yes/No Speaking / Non Speaking Order 3/5
To 1 The Tahsildar, Taluk Office, Arni, Tiruvannamalai District.
2 The Secretary to Government, Revenue and Disaster Management Secretariat, Chennai 600009.
3 The Additional Chief Secretary, Revenue and Disaster Management Cum Commissioner of Land Administration, Chennai. 4 The District Collector, Tiruvannamalai District, Tiruvannamalai.
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S.M.SUBRAMANIAM . J., (shr) and W.M.P.No.26028 of 2017 27.03.2023 5/5