GHCL LIMITED Vs. DISTRICT COLLECTOR, NAGAPATTINAM

JUDGEMENT

(1.) The proceedings dtd. 22/4/2019 issued by the Tahsildar, Vedaranyam Taluk, asking the petitioner to vacate 10 acres of land in R.S.No.133/1 at Kadinelvayal Village, which is classified as "Meikal Poramboke" (grazing land), is under challenge in the present Writ Petition.

(2.) Mr.S.R.Rajagopal, learned Senior counsel appearing for the petitioner would submit that the petitioner Company is the lessee and a Deed of Lease was executed commencing from 1/4/2003 for 20 years. Pursuant to the lease executed by the Government, the petitioner Company has developed salt plant and processing unit. Admittedly, the petitioner Company has been in occupation of more than 3000 acres of Government land currently.

(3.) Originally, the Government land was leased out in favour of one M/s.Wimco Limited and thereafter, it was leased out in favour of M/s.Dharangadhara Chemicals Works Limited and finally, the lease was granted in favour of petitioner Company with effect from 1/4/2003. Pertinently, the subject Government land measuring to an extent of 10 acres in R.S.No.133/1 classified as "Meikal Poramboke" is not the subject matter of lease in the Lease Deed executed by the Government in favour of the writ petitioner dtd. 1/4/2003. Therefore, it is amply clear that the Government land measuring an extent of 10 acres classified as "Meikal poramboke" was not leased out in favour of the petitioner at any point of time, but it remained as grazing land. The learned Senior counsel would submit that 'enter upon permission' was granted by the Tahsildar to use the said land by the petitioner Company. In this context, the petitioner made a request for usage of "Meikal Poramboke" land through their representation dtd. 7/6/2012. In the said request letter submitted by the petitioner, they have clearly made a request for lease of "B-Memo Land" in R.S.No.133, Kadinavayal Village, Vedharanyam Taluk. However, an 'enter upon permission' was granted in respect of R.S.No.133, Kadinavayal Village, Vedharanyam Taluk. The said enter upon permission was granted for usage of 10 acres of 'Meikal Poramboke' land by the erstwhile lessor viz., M/s.Wimco Limited. However, no order has been passed on the representation submitted by the petitioner for lease of "B- Memo Land" in R.S.No.133 based on their request dtd. 7/6/2012.