M/S.Srm Hotels Private Limited v. Tamil Nadu Tourism Development Corporation Limited

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.17530 of 2023 M/s.SRM Hotels Pvt Ltd., Rep. by its Executive Director D.Anthony Ashok Kumar ... Petitioner v.

1.Tamil Nadu Tourism Development Corporation Ltd., Rep. by its General Manager, Tamil Nadu Tourism Complex, No.2, Wallajah Road, Chennai - 600 002.

2.The District Collector, Tiruchirappalli District, Tiruchirappalli.

3.The Tahsildar, Tiruchirappalli East, Tiruchirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the second respondent to 1/5

pass final orders in a time bound manner over the tentative rental value fixed for the leasehold property at Tamil Nadu Tourism Development Corporation, Tiruchirappalli, Unit - II comprised in TS.No.35/1, 36/1, Kuttapattu Village, Tiruchirappalli, admeasuring 4.70 acres dated 22.11.2022, by considering the petitioner's objection dated 04.07.2023, in compliance of the order passed by this Court in WP(MD)No.12709 of 2022 & 14498 of 2022, dated 11.07.2022. For Petitioner : Mr.C.Godwin for Mr.Charles Kamalesh M.Appaji For Respondents : Mr.C.Lakshmanan for R.1 Mrs.D.Farjana Ghoushia, Special Government Pleader for R.2, R.3 *****

ORDER

The petitioner, with a grievance that his objections has not been considered by the District Collector, has filed this writ petition for a mandamus directing the second respondent / District Collector to pass orders, in a time bound manner, over the tentative rental value fixed for the leasehold property at Tamil Nadu Tourism Development Corporation, Tiruchirapalli, 2/5

Unit - II, comprised in T.S.Nos.35/1, 36/1, by considering his objections dated 04.07.2023.

2.Learned Counsel for the petitioner submitted that the petitioner has obtained a lease during the Tamil Conference of the property to an extent of 4.7 Acres for promoting tourism by establishing a Star Hotel. The second respondent / District Collector is expected to raise the rent based on the market value, as per G.O.Ms.No.150, Information & Tourism Department, dated 10.06.1994. The petitioner has raised certain objections with regard to the quantum of amount, which is to be fixed. However, the same has not been considered.

3.Learned Special Government Pleader submitted that enquiry is going on and while taking a decision, the District Collector would certainly consider the objections of this petitioner also.

4.Recording the submissions made by the learned Special Government Pleader, this writ petition is disposed of, with a direction to the second 3/5

respondent / District Collector to take a decision, by considering the objections of this petitioner dated 04.07.2023, in accordance with law and also by providing an opportunity of hearing to the petitioner as well as to a representative of the Tamil Nadu Tourism Development Corporation, within a period of four weeks from the date of receipt of a copy of this order. Both the petitioner as well as the Tourism Development Corporation are expected to co-operate before the District Collector for concluding the proceedings expeditiously, without requesting for any adjournments. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Index :

Yes / No 22.09.2023 NCC :

Yes / No gk To 1.The District Collector, Tiruchirappalli District, Tiruchirappalli.

2.The Tahsildar, Tiruchirappalli East, Tiruchirappalli District.

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B.PUGALENDHI, J.

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