The main legal point established is that a licensee under the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, has no right to challenge the release order passed by the government and lacks appeal rights.

1. This Writ Petition has been filed by the petitioner seeking for a issuance of Writ of Mandamus directing the first respondent to surrender possession of the building in Door No.1025 old No.1369, Nadar Buildings, Trichy Road, Coimbatore to the writ petitioner after evicting the second respondent herein from the aforesaid premises.

2. Learned counsel for the petitioner submitted that the petitioner is the owner of the premises bearing old Door No.354, and new Door No.1369 of Trichy Road, Coimbatore, in the year 2003 and a new Door No. has been assigned as Door No.1625. The said portion is situated in T.S.No.1/1340. There are two adjacent portions bearing two separate door numbers. The premises bearing Door No.1369, the new Door No.1625, 'Nadar Buildings' Trichy Road, Coimbatore-18, was under the control of the first respondent/ The Revenue Divisional Officer-cum-Accommodation Controller as the Government is the tenant under him. Hence, the application was made before the first respondent praying for the release of the building to the petitioner as he needed the same for the occupation and additional accommodation of his daughter and her family. He has also given a statement along with the application containing information and details regarding the building sought to be released. The Tahsildar conducted an enquiry on 29.08.97. However, the first respondent herein has not passed any orders in the petitioner's application at that point of time. When the first respondent made an order of allotment in favour of the second respondent Mr.S.Nandagopal, allotting the building in question to him on the ground that it is a licence for the period from 5.6.98 onwards, the petitioner filed a Writ Petition in W.P.No.5939 of 1999 before this Court seeking for issuance of a writ of certiorarified Mandamus to call for the records pertaining to his proceedings in Na.Ka.S.R.1/98/2 dated 10.12.1998 to quash the same with a further direction to the respondent herein to hand over the vacant possession of building bearing Old Door No.354, and new Door No.1368 of Trichy Road, Coimbatore. Adding further, it is stated that the learned Judge after hearing the matter was pleased to dismiss the writ petition dated 06.03.2002 holding that the petitioner should have approached the Rent Controller concerned. However, aggrieved by the order passed by the learned single Judge the petitioner has filed writ appeal in W.A.No.3496 of 2002 and the same was admitted and notice was ordered to the first respondent. When the matter stood as above, the first respondent after going through the records and report of the Tahsildar considered the bonafide need of the house made by the petitioner for her daughter. Accordingly, he passed an order dated 31.5.2004, releasing the building in question, giving direction to the second respondent to vacate and handover the premises to the petitioner. In the said order, he has also requested the petitioner to withdraw the above Writ Appeal in W.A.No.3496 of 2002, failing which the order of release of the building will automatically stand lapsed. In view of the specific condition imposed in the order dated 31.05.2004 directing the petitioner to withdraw the writ appeal in W.A.No.3496 of 2002, the same was withdrawn on 09.07.2004. However, in the meanwhile, a notice was received from the second respondent in O.S.No.2107/2004 in I.A.No.1125/2004 from the learned Principal District Munsif Court, Coimbatore. He has filed an interim application for injunction restraining the first respondent and the petitioner from interfering with his possession and no interim order has been granted in the said interim application. Therefore, the grievance of the petitioner is once the order of release has been passed by the Revenue Divisional Officer cum Officer-cum-Accomodation/the first respondent herein, exercising power conferred under Section 3-A(2) of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960, it is not open to the secon