The government cannot grant largess arbitrarily and must act in conformity with standard or norm which is not arbitrary, irrational, or irrelevant. Violations of land assignment conditions, including subletting and non-payment of annual fee, justify resumption of the lands by the government.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the fourth respondent pertaining to order bearing G.O.Ms.No.262 [Revenue LD1 (2)] issued by the fourth respondent dated 15.07.2015.)

1. The lis on hand has been instituted challenging the Government Order issued in G.O.Ms.No.262, Revenue Department, dated 15.07.2015, resuming back the land leased out to the petitioner-Mount Pleasant Social Club.

CONTENTIONS OF THE PETITIONER-CLUB:

2. The petitioner-Club is a Social Club in Coonoor, started promoting sports like Tennis and Badminton for the benefit of the middle class people living in and around Coonoor. It was stated in the year 1930 and the Club is located in 1.50 Acres of land in Old Survey No.A.119/A, New Survey No.C/7/17 of Coonoor Town assigned by the Government.

3. The second respondent-District Collector passed an order on 05.12.2003, cancelling the assignment granted in favour of the petitioner- Club based on the report given by the Revenue Divisional Officer, Coonoor.

4. The petitioner-Club preferred an appeal before the first respondent, who in turn passed an order on 21.10.2005 rejecting the appeal based on the evidence privately received from some third parties. The petitioner-Club filed WP No.2537 of 2006, challenging the order of the Special Commissioner of Land Administration. This Court passed final orders on 27.08.2010, directing the Authorities to consider the representation submitted by the petitioner-Club and pass orders, within a period of three months from the date of receipt of a copy of the said representation.

5. The petitioner-Club states that on 16.04.2015, they have received letter dated 16.04.2015, informing that the representation submitted by the writ petitioner would be considered on 05.05.2015, and the petitioner-Club requested for an adjournment. The matter was taken up on 11.06.2015.

6. The learned Senior Counsel appeared on behalf of the petitioner argued the matter. Thereafter, the petitioner-Club has filed written arguments. Suddenly on 14.08.2015, the Tahsildar, Coonoor visited the petitioner-Club and attempted to seal the same. The petitioner-Club said that they have not received the copy of the order on 14.08.2015. The copy of the said order was served on the petitioner-Club subsequently. Under those circumstances, the petitioner-Club has chosen to file the present writ petition.

7. The learned Senior Counsel appearing on behalf of the petitioner-Club mainly contended that the reasons stated for cancellation of the assignment and the resumption of lands, are untenable. The reason stated earlier was repeated in the impugned order issued by the Government and thus the Authorities Competent had not applied their mind. The learned Senior Counsel appearing on behalf of the petitioner made a submission that the petitioner-Club has not sublet the portion of the land in favour of the Bullmore School. In fact, the petitioner-Club had allowed the children to use the portion of the land as ''Play Area'' and towards maintenance, they have collected a sum of Rs.1,000/- per month from the Bullmore School.

8. The petitioner-Club is not a profit making Club and it is being used for up keep of the Tennis Court and Badminton Court. The petitioner-Club has produced the balance sheets before the Competent Authorities to establish that the Club is not making any profit.

9. The Government failed to consider the fact that the superstructure constructed as a small shed for storing the sports materials and to protect the same. The Government primarily terminated the assignment mainly on the ground that the petitioner-Club had collected a sum of Rs.1,06,825/- over a period of three years. The said reason is incorrect. The assignment was initially granted in the year 1937 and all along the petitioner-Club is utilising the