TAMIL NADU GOVERNMENT DEPARTMENT DRIVERS CENTRAL ASSOCIATION Vs. CHIEF ENGINEER (BUILDING & GENERAL) PUBLIC WORKS DEPARTMENT

JUDGEMENT

(1.) The Tamil Nadu Government Department Drivers' Central Association filed the present writ petition challenging the communication issued by the Public Works Department to the petitioner and further directing the petitioner not to violate lease conditions and further evict the lessees, who all are in occupation of the Government premises without any permission from the Government. In the event of not following the conditions of lease, the Government will be forced to cancel the lease agreement entered into with the petitioner's Association.

(2.) The petitioner / Association is recognised by the Government of Tamil Nadu and representing the rights and interests of its members. The members of the petitioner / Association are working as Drivers in all Government Departments. The Government in G.O.Ms.No.1565, Public Works Department dtd. 30/11/1978 had allotted land to an extent of 4926 Sq.ft at Chetput in Survey No.465/13 belonging to the Public Works Department to the petitioner / Association by way of a lease initially for a period of 10 years with a condition that the said land can be utilised for the purpose of Association Office. The building in the Government land is to be utilised only by the members of the petitioner / Association and there is condition stipulated that the premises shall not be used for any other commercial activities.

(3.) The petitioner / Association states that the present office bearers took charge in June 2011. The office bearers found that erstwhile office bearers in order to meet out the deficit of funds, rented out the portion of the premises to the Shop Keepers and advance amounts were also received from those shop keepers. The petitioner states that the authorities were also aware of the fact about leasing out the properties to the shop keepers by the petitioner / Association. In this regard, the respondent / PWD addressed several letters to the petitioner / Association to evict the shop keepers and utilise the land only for Association purposes failing which they are not in a position to extend the lease and further the Government will initiate steps to cancel the lease.