DISTRICT CLUB PALAYAMKOTTAI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the first respondent cancelling the lease granted to the petitioner herein.

(2.) According to the petitioner, it is a registered society, formed in the year 1934, and duly registered with the District Registrar, Palayamkottai. Earlier, on an application filed by the petitioner, the Collector, Tirunelveli District granted lease in respect of 1.50 acres in T.S.No.1665/4 and 1665/5 of Ward III, Block 20 of Palayamkottai, for the purpose of recreation sports and entertainments, and the petitioner was also permitted to put up construction for the above said purpose. Subsequently, the petitioner had developed 4 tennis courts, a billiards room and also a common hall for the purpose of conducting intellectual programmes and the lease was also extended by the first respondent from time to time.

(3.) In the year 1995, the lease amount was fixed at the rate of Rs.10,000/- per annum. Earlier, in the year 1997, the first respondent has issued a show cause notice on 03.07.1997, alleging that the petitioner Club Committee committed various irregularities, for which the petitioner sent a reply on 22.09.1997. After considering the reply submitted by the petitioner, the Government had dropped further action in the above matter. Subsequently, in respect of very same charges, without any notice or any enquiry whatsoever, the first respondent passed an order in G.O.Ms.No.15 Revenue Ni.Mu.6(1) Department dated 14.1.2004, cancelling the lease granted in favour of the petitioner, based on the recommendation made by the second respondent / Commissioner of Land Administration, and further directed the District Collector to take possession of the land and building. That apart, the second respondent was also directed to collect Rs.2,32,799/- as lease amount per annum from 01.02.1994. Challenging the above order, the present writ petition has been filed.