TOWN CLUB Vs. DISTRICT COLLECTOR TIRUVANNAMALAI DISTRICT

JUDGEMENT

(1.) THE writ petitioner is a registered club under the Societies Registration Act and the Collector of North Arcot District in the proceedings dated 30.9.1938 granted licence to the petitioner/Club to use an extent of 2.40 Acres of land in S.No.3/2/A2 of Kil Arni Village in Arni Taluk for the purpose of playing tennis and badminton, reading room and recreation. THE licence was granted subject to various conditions with an annual licence fee of Rs.15/-. It is stated that since then the petitioner/Club has been paying the said amount regularly.

(2.) IN the year 1973, when there was a violation of conditions of licence, a show cause notice was issued for cancellation of licence on the ground that the land has not been used for the purpose for which it was granted. Ultimately, the Government has resumed an extent of 1.10 Acres of land for construction of residential quarters for revenue authorities and the same was not objected to by the petitioner/club. It appears that the second respondent has issued a notice to the petitioner on 28.6.2004 to appear for an enquiry in respect of a complaint stated to have been made by one Srinivasan. The office bearers of the petitioner/Club appeared before the second respondent for the enquiry and thereafter, the impugned communication has been issued by the second respondent dated 20.4.2004 directing the petitioner/Club to pay an amount of Rs.29,00,810/- towards arrears of rent for the period between 1994 to 1997.

(3.) IN the counter affidavit filed by the first respondent, while it is admitted that originally 2.42 Acres of land was leased out to the petitioner/Club, it is stated that subsequently an extent of 1.12 acres of land was resumed by the Government as per the proceedings of the first respondent dated 20.3.1993. It is stated that subsequently an audit was conducted in which it was found that the rent fixed for the said property was much below the actual cost, etc. and therefore, a notice was given to the petitioner/Club for the purpose of enhancement of rent and an enquiry was conducted. The representatives of the petitioner/Club have in fact participated in the enquiry and thereafter, the impugned order came to be passed re-fixing the rental amount payable by the petitioner for the years 1994-1997. The counter affidavit also proceeds on the basis that the re-fixation has been done based on the land cost during the year 1994 and the lease rent amount fixed taking into consideration various other materials. It is also stated that steps are being taken by the second respondent to send proposal to the first respondent for fixation of lease rent for every three years and the Government is also addressed in that regard. It is also stated that the respondents are taking steps for the purpose of removal of encroachment and eviction of the petitioner/Club under the Tamil Nadu Land Encroachment Act and also for imposing penalty. It is also stated that the conditions of licence have not been violated in re-fixing the licence fees. It is stated that the petitioner/Club has put up buildings and structures which are permanent in nature which is against the conditions of licence and that the petitioner has permitted third parties to occupy the portion which is against condition No.11 of the terms and conditions of licence.