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S. M. SUBRAMANIAM
Tamil Nadu Government Department Drivers Central Association, Rep. by its State President M. Subramanai, Chennai – Appellant
Versus
Chief Engineer (Building & General) Public Works Department, Chennai – Respondent
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 petiti
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.
The main legal point established in the judgment is that beneficiaries of illegal construction cannot be protected, and the law shelters everyone equally.
The court emphasized the importance of due process of law in property rights and highlighted the constitutional right to property under Article 300-A of the Constitution of India.
The Government's actions must be in conformity with rational, relevant, and non-discriminatory standards or norms, and must serve the public interest. The Court can strike down executive orders if th....
The Court emphasized the duty of the Authorities to protect the financial interest of the State and the importance of periodic review of Government largesse.
Government retains the right to cancel lease agreements for non-payment of rent and violations of established conditions under statutory regulations.
The court emphasized that eviction under the Public Premises Act requires subjective satisfaction of unauthorized occupation, ensuring fairness in administrative actions.
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