ANAMALLAI CLUB Vs. GOVERNMENT OF T N

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the the Division Bench Judgment of Madras High Court dated September 24, 1993, made in Writ Appeal No. 1055 of 1992.

(3.) The undisputed facts are that the appellant was granted licence in respect of an extent of 28.70 acres of Government land in Anamalai, Valparai Taluk of Coimbatore District for sports and recreation purposes. Notice was issued on May 22, 1992, terminating the licence under Section 3 of the Government Grants Act, 1895 (for short, the Act) which was served on its Secretary on May 23, 1992; the land was resumed and the possession thereof was taken with the assistance of the police personnel on the even date. The appellants writ petition was allowed by the learned single Judge by his order dated August 17, 1992 in Writ Petition No. 7160/92 and giving directions therein. Feeling aggrieved, the respondent-State filed the appeal and the Division Bench in the impugned Judgment while upholding the termination of the licence under the Act, recorded a finding that "there is no legal impediment at all for resumption of possession of the lands by the Government, without seeking any aid of the provisions of the PPE Act, after the determination of the grant in the manner provided in the grant itself."