Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 3472 (MAD)

Hotel Temple Tower (P) Limited v. District Collector

2014-09-19

T.S.SIVAGNANAM

body2014
Judgment 1. The petitioner is a Private Limited Company having a hotel at Thanjavur. The land measuring to an extent of 1 acre and 6160 sq.feet, on which, the hotel is constructed, belongs to the Government. The Government is said to have handed over the said land to the petitioner for construction of a hotel of good standard for the accommodation for the delegates, during the 8th World Tamil Conference. The petitioner took possession of the land. However, there was no specified order fixing the lease amount for the land and the Government is said to have informed the petitioner that monthly rent will be fixed at a later point of time. The Commissioner of Land Administration directed the Government to fix the lease amount at 2% to 3% of land value or at Rs.5,000/- per month. However, no decision has been taken by the Government till date. 2. In the mean time, alleging that the petitioner has been harassed by the respondents, demanding huge amount of deposit, the petitioner approached the Civil Court and filed O.S.No.123 of 2007 on the file of the District Principal Sub-Court, Thanjavur for mandatory injunction, directing the first respondent to fix the lease amount as per G.O.Ms.No.416, dated 04.06.1998 and for consequential permanent injunction. The suit, after contest was decreed on 31.01.2012, thereby, the District Collector/first respondent herein was directed to fix the lease amount to the petitioner by considering GO.Ms.No.416 as well as the clarification issued by the Government, as per the communication of the Revenue Department to the Special Commissioner and Commissioner of Land Administration dated 10.03.2005, which was marked as Ex.B.11 in the suit and sent recommendations to the Government within a period of six weeks. The defendants were restrained from disturbing the petitioner's possession until the lease amount is fixed. As against the decree, it appears that no appeal was preferred by the respondents and till date, the petitioner is said to have remitted the ad hoc payment on an average of Rs.25,000/- per month. These amounts have been remitted to the Government Treasury and the same has been received and acknowledgment has also been filed in the typed set of papers. With these facts, the petitioner would state that there is a constant threat to the petitioner to pay ad hoc payment without fixing the lease amount, as directed by the Civil Court. These amounts have been remitted to the Government Treasury and the same has been received and acknowledgment has also been filed in the typed set of papers. With these facts, the petitioner would state that there is a constant threat to the petitioner to pay ad hoc payment without fixing the lease amount, as directed by the Civil Court. Therefore, the petitioner is before this court. 3. As long as the decree passed by the Civil Court has not been cancelled or modified, it is binding on the respondents and they have to act, as per the decree. Without doing so, the respondents cannot make any oral threat without issuing any demand notice. 4. Therefore, the writ petition is disposed of by directing that the respondents to fix the lease amount and thereafter issue a demand notice to the petitioner by following the decree passed by the Civil Court in O.S.No.123 of 2007 and thereafter raise a demand on the petitioner. Until such rent is fixed and demand is issued, the petitioner shall continue to pay an ad hoc payment towards lease rent at the rate of Rs.50,000/-per month, commencing from November 2014 onwards without default. The payments effected by the petitioner prior to the writ petition, during the pendency of the writ petition and subsequently till the fixation of the rent shall be reckoned or adjusted as against the demand to be issued. Consequently, connected M.P.(MD).No.1 of 2013 is closed. No costs.