Disposed

Lavanya v. the Additional Colletor (Development)

Madras HC20 Oct 2023WA/2373/2023

Case brief

AI extract

What is this about?

The High Court of Madras disposed of a writ appeal challenging the discontinuance of a 25-year shop lease held by the appellant. The court held that the tenant had no vested right as lease policies permit a nine-year maximum, though the appellant could participate in a fresh lease process subject to policy.

What did the court decide?

The writ appeal is disposed of. No order as to costs. Connected C.M.P. closed.

Lavanya Vs the Additional Colletor (Development) — Service and Employment | Madras HC (2023)

¶1

W.A.No.2373 of 2023

¶2

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶3

DATED: 20.10.2023

¶4

CORAM

¶5

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE

¶6

AND

¶7

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.A.No.2373 of 2023

Lavanya

.. Appellant

Vs.

1.The Additional Collector (Development),

¶13

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

¶14

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

¶15

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

¶16

4.M.Chandrasekaran

¶17

Respondents

¶18

Page 1 of 5

¶19

https://www.mhc.tn.gov.in/judis

¶20

W.A.No.2373 of 2023

¶21

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.

¶22

For the Appellant : Mr.D.Baskar

¶23

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

¶24

JUDGMENT

¶25

(Delivered by the Hon'ble Chief Justice)

¶26

Heard Mr.D.Baskar, learned counsel for the appellant and

¶27

Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.Karthik Jagannath, learned Government Advocate for respondents 1 to 3.

¶28

Learned counsel for the appellant submits that the

¶29

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

¶30

Page 2 of 5

¶31

https://www.mhc.tn.gov.in/judis

¶32

W.A.No.2373 of 2023

¶33

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.

¶34

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.

¶35

We have considered the submissions.

¶36

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.

¶37

Be that as it may, if the policy permits that the appellant Page 3 of 5

¶38

https://www.mhc.tn.gov.in/judis

¶39

W.A.No.2373 of 2023

¶40

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.

¶41

With these observations, the writ appeal stands disposed

¶42

of. There will be no order as to costs. Consequently, C.M.P.No.19998 of 2023 is closed.

¶43

(S.V.G., CJ.) (D.B.C., J.) 20.10.2023 Index : Yes/No Neutral Citation : Yes/No bbr

¶44

¶45

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

¶46

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.

¶47

Page 4 of 5

¶48

https://www.mhc.tn.gov.in/judis

¶49

W.A.No.2373 of 2023

¶50

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

bbr

W.A.No.2373 of 2023

20.10.2023

Page 5 of 5

https://www.mhc.tn.gov.in/judis

Lavanya v. the Additional Colletor (Development)

Case brief

What is this about?

What did the court decide?

Lavanya v. the Additional Colletor (Development)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Agni steels Private Ltd. Vs Union of India

The Tamil Nadu Housing Board Vs a. Sampath Raja

Mathanraj Vs Animerry Swarna and 4 others

R.Vijayan Vs Commercial Taxes Officer

South Indian Sengundha Mahajana Sangam Vs P.T.Rajan

Ramakrishnan Vs The District Collector