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2023 Supreme(Mad) 563
HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
The Tamil Nadu Government Department Drivers Central Association, Rep. by its State President M. Subramanai, Chennai - Appellant
Versus
The Chief Engineer (Building & General) Public Works Department, Chennai & Others - Respondents
W.P.No. 29319 of 2012 & M.P.Nos. 1 & 2 of 2012 & 1 of 2013
Decided On : 31-03-2023
For the Petitioner:S. Ilamvaludhi, Advocate. For the Respondents:R1 to R4, Abishek Murthy, Government Advocate, R5 to R8, Perumbulavil Radhakrishnan for V.R. Kamalanathan, R14, E. Narayanan, Advocates.
Violation of lease conditions and misuse of government land led to the court's decision to evict the Association and shopkeepers, and initiate disciplinary proceedings against the office bearers.
Headnote:
Association - Lease Violation - G.O.Ms.No.1565, Public Works Department dated 30.11.1978 - [i. If the Association proposes any improvement or extension to the Association building or any approval from the Corporation (or) CMDA necessary prior permission should be obtained from the Executive Engineer, PED, North Presidency Division, Chennai – 5. ii. Property Tax Should be paid by the Tamil Nadu Drivers Association directly to the Chennai Corporation. iii. Water, Drainage, Electricity charges should be paid by the Association itself, consumer taxes should also be paid directly by the Association. iv. The land and buildings should be surrendered whenever the land is required to the Government. v. The land and the buildings attached thereon should be used only for the use of association. No other commercial activities should be entertained.]
Fact of the Case:
The Tamil Nadu Government Department Drivers'' Central Association leased land for its office but violated the lease by renting out portions to shopkeepers. The Government directed the Association to evict the shopkeepers and utilize the land only for official purposes.
Finding of the Court:
The Association violated the lease conditions by leasing out the land for commercial purposes, colluded with shopkeepers, and failed to contest civil suits. The Association and shopkeepers were directed to be evicted, and an enquiry was ordered against the office bearers for misconduct.
Issues: Violation of lease conditions, collusion with shopkeepers, failure to contest civil suits, misuse of government land, and inaction of public authorities.
Ratio Decidendi: The Association's violation of lease conditions and collusion with shopkeepers led to the court's decision to evict the Association and shopkeepers, and initiate disciplinary proceedings against the office bearers.
Final Decision: The relief sought in the writ petition was rejected, and the respondents were directed to evict the Association and shopkeepers, conduct an enquiry, and utilize the government land for public purposes.
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to orders in (1) No. AE/Eg./2012 dated 10.05.2012 of the 2nd respondent (2) No.1911/AEE/NW/2011 dated 11.05.2012 of the 3rd respondent and (3) Na.Ka.5/1276/2012 dated 28.09.2012 of the 4th respondent to quash the same and consequently direct the respondents herein to initiate steps to evict the shopkeepers to enable the Association to utilize the entire building in Survey No.465/13, measuring an extent of 4926 sq.ft. at Egmore, for its own utility without any hindrance.)
The Tamil Nadu Government Department Drivers'' Central Association filed the present writ petition challenging the communication issued by the Public Works Department to the petitioner and further directing the petitioner not to violate lease conditions and further evict the lessees, who all are in occupation of the Government premises without any permission from the Government. In the event of not following the conditions of lease, the Government will be forced to cancel the lease agreement entered into with the petitioner’s Association.
2. The petitioner / Association is recognised by the Government of Tamil Nadu and representing the rights and interests of its members. The members of the petitioner / Association are working as Drivers in all Government Departments. The Government in G.O.Ms.No.1565, Public Works Department dated 30.11.1978 had allotted land to an extent of 4926 Sq.ft at Chetput in Survey No.465/13 belonging to the Public Works Department to the petitioner / Association by way of a lease initially for a period of 10 years with a condition that the said land can be utilised for the purpose of Association Office. The building in the Government land is to be utilised only by the members of the petitioner / Association and there is condition stipulated that the premises shall not be used for any other commercial activities.
3. The petitioner / Association states that the present office bearers took charge in June 2011. The office bearers found that erstwhile office bearers in order to meet out the deficit of funds, rented out the portion of the premises to the Shop Keepers and advance amounts were also received from those shop keepers. The petitioner states that the authorities were also aware of the fact about leasing out the properties to the shop keepers by the petitioner / Association. In this regard, the respondent / PWD addressed several letters to the petitioner / Association to evict the shop keepers and utilise the land only for Association purposes failing which they are not in a position to extend the lease and further the Government will initiate steps to cancel the lease.
4. The learned counsel for the petitioner states that the Association has taken steps to evict the shop keepers and the shop keepers filed Civil Suits before the City Civil Court seeking permanent injunction. Some of the Suits were dismissed and Appeal Suit has been filed and the Appeal Suit was also dismissed. The learned counsel for the petitioner states that civil cases were filed by the shop keepers and therefore, they are not in a position to evict the shop keepers immediately from the premises.
5. The 3rd respondent filed a counter affidavit objecting the contentions raised by the petitioner by stating that the Government in G.O.Ms.No.1565 dated 30.11.1978 had allotted measuring 2 grounds 126 Sq.ft to the petitioner / Association in the rental basis of Rs.5 per ground up to 08.03.1989 under Survey No.465/13. The Government imposed the following conditions in respect of the land allotted to the petitioner / Association for the purpose of using the said land only for the Association purposes, which reads as under:
i. If the Association proposes any improvement or extension to the Association building or any approval from the Corporation (or) CMDA necessary prior permission shoul
