LORDS PARK HOTEL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of certiorari to quash the order Na.Ka.10996/A5, dated 5.2.2009, ordering the petitioner to deposit three years lease amount of Rs. 35,92,566/- (Rupees Thirty Five Lakhs Ninety Two Thousand Five Hundred and Sixty Six only). The petitioner, M/s. Lords Park Hotel, is a partnership firm which is carrying on hotel business since 21.4.1997. The petitioner firm was allotted area measuring 15 Cents for the purpose of parking space on an annual rent of Rs. 2,000/- (Rupees Two thousand only) vide Notification No. 37456/65/A2, dated 16.10.1968. The land was repossessed by the State Government vide order dated 8.11.1973 and after that, fresh allocation was made for land measuring 9836 Sq. Ft. exclusively for car parking on an annual rent of Rs. 19,505/- (Rupees Nineteen Thousand Five Hundred and Five only), which was subsequently reduced to Rs. 9,752/- (Rupees Nine Thousand Seven Hundred and Fifty two only), thereafter further reduced to Rs. 7,730.40 (Rupees Seven Thousand Seven Hundred and Thirty and Forty Paise only) finding that actual land allotted was only 7800 Sq. Ft.

(2.) The first respondent on 6.3.1989, issued a notice to take possession of the land, on the ground that there was no regular lease deed. The request of the petitioner for reducing the rent was also not accepted. It is the case of the petitioner that the possession of the land was taken by the second respondent on 14.3.1989, on the allegation that rent was not paid. Thereafter there was change in the constitution of the firm. The case of the petitioner is that the hotel was renovated by newly constituted firm at high cost. The petitioner firm after renovation approached the Collector of Coimbatore for reallotment of land. On considering the request for reallotment, the petitioner was directed to deposit a sum of Rs. 2,53,161/- (Rupees Two Lakhs Fifty Three Thousand One Hundred and Sixty One only), which was complied with by the petitioner, and representation was filed with the Collector for restoration of land in view of the fact that arrears along with interest and surcharge stood paid.

(3.) The petitioner thereafter filed W.P. No. 3098 of 1997 seeking execution of lease deed by impleading the Collector of Coimbatore and Commissioner of Coimbatore Corporation as parties. The said writ petition was withdrawn on the asking of the authorities. After the withdrawal of writ, recommendation was made to allot 5676 Sq. Ft. for being used as parking space at an yearly rent of Rs. 1,80,000/- (Rupees One Lakh and Eighty Thousand only), but not accepted by the State of Tamil Nadu.