A.S. RAJAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner has come forward with this Writ Petition praying for issuance of a Writ of Certiorari to call for the records of the fifth respondent in Na. Ka.B1. 5711/2002, dated 03.06.2003 and quash the same.

(2.) According to the petitioner, he is carrying on business in the name and style of M/s. Minerva Fire Works and that more than 200 employees are employed in it. It is situated in Survey Nos. 557/1-3 and 558/1 and other survey number(s). An extent of 28 cents in S. No. 556 is Oorani Poramboke. All these lands are situated in Sivakasi Taluk/Village. The petitioner spent lot of money for improvement of the lands and installed pump-set for lifting water from the Well. It is further stated that the first respondent issued G.O. Ms.No. 799, Revenue Department, dated 30.05.1989, granting lease for 12 years, subject to the payment of lease amount at 7% on double the market value together with local cess and surcharge and with other terms stated therein. The said lease amount would be revised once in a block period of three years based on the then prevailing market value. It is the stand of the petitioner that the lease amount for first three years i.e. from 1989 to 1991 was fixed at Rs. 30,366/- and the lease amount per year is Rs. 10,122/- and it is stated that the petitioner has paid the lease amount. According to the petitioner, there was a demand notice issued by the Tahsildar, demanding to pay a sum of Rs. 6,01,183/- being the lease amount upto 2002. In the event of failure to pay the said amount, Revenue recovery proceedings will be initiated. The petitioner submitted that he was not issued with any notice/letter/communication and requested the authorities to take note of the objections of the petitioner.

(3.) Learned counsel for the petitioner stated that the demand made is more than Rs. 6 lakhs, which is arbitrary, illegal and contrary to the said G.O. dated 30.05.1989 and that the petitioner has already paid the amount for the first block of three years and if any revision is done, it can only be after notice. Learned counsel for the petitioner relied upon paragraph 2 of Revenue Standing Orders in BSO.24-A regarding the grant of land and buildings at the disposal of the Government for temporary occupation for non-agricultural purposes and the said BS0.24-A, paragraph 2, reads as follows: