IMPORTANT POINT
The government has the exclusive authority to fix and revise lease rent for leased land, and revenue officials have no jurisdiction to unilaterally demand arrears of lease rent.

JUDGMENT :

R. SURESH KUMAR, J.

Prayer: Writ Appeal filed under Clause 15 of the Letters Patent Act, against the order, dated 09.03.2015 made in Writ Petition No. 5231 of 2004 and W.P. M.P. No. 6067 of 2004 on the file of this Court.

1. This Intra Court Appeal has been directed against the order passed by the writ court dated 09.03.2015 made in W.P. No. 5231 of 2014.

2. The Appellant is a Club called “Cosmopolitan Club” (herein after called as “The Club”) located in Chennai. In order to develop a Golf ground in the vicinity of Chennai City, the Club had approached the State Government to take some land under license. Accordingly, the Government on 06.12.1933 granted license to the club to use the land to an extent of 64.76 acres comprised in T.S. No. 2, Block 8 situated at Mambalam-Guindy Taluk for the establishment of a Golf Course. Thereafter by further license dated 05.03.1995, the Government granted another 1.77 acres by the proceedings issued by the Collector of Chengalpet in Rev. No. 4115/34 in addition to the original license for 64.76 acres.

3. The Club has developed these vacant lands as a Golf Course by spending huge amount, which is first of its kind at Chennai and one of the oldest in the whole of India.

4. Thereafter by further order, dated 27.07.1937, the Government in G.O.Ms. No. 1494, Revenue Department, granted license to the club for an extent of 0.33 acres. Thereafter on 06.06.1945, the Government again granted license additionally to another 10.84 acres by the proceedings of the Chengalpet Collector in DDA No. 11447/41-A.

5. Thereafter the Government issued a G.O.Ms. No. 4696, Revenue Department, making the said license into lease of the said lands to the extent of 77.37 acres by fixing the annual rent at the rate of Rs. 15/- per acre.

6. Thereafter, i.e. after 10 years of the order, dated 27.12.1956, on 09.11.1966, the State Government issued G.O.Ms. No. 3189, Revenue Department, dated 09.11.1966, under which, the lease already been granted in 1956 has been extended for a period of 30 years commencing from 01.07.1966 in favour of the Club by fixing the annual rental amount as Rs. 5,800/- for the entire extent of 77.70 acres.

7. Thereafter since the 30 years period of lease commencing from 1966 is over in 1996, the Club had made a request in January 1996 for renewal or extension of the lease.

8. However, the said request in fact was turned down by the Government and they issued a Government Order in G.O.Ms. No. 278, Revenue Department, dated 04.06.1999 thereby the Government has stated that, it has examined the issue in great detail, since the period of lease already over, the Government reject the request of renewal of lease beyond 1996 in view of the reason indicated in the order itself. That Government Order further stated that, the Club is therefore requested to hand over the possession of the land to the Government immediately.

9. Challenging the said order in G.O.Ms. No. 278, the Club has filed a writ petition in W.P. No. 9636 of 1999. The said writ petition was disposed by the writ court on 13.10.1999, wherein, the learned Judge though had dismissed the writ petition filed by the Club, however had given observation stating that, taking note of the public interest that lies in favour of the golfers in the impugned grant of lease, the Court repossess confidence that the Government would take appropriate further decision with due and proper care to protect the interest of the golfers.

10. As against the said order passed by the writ court, dated 13.10.1999 made in W.P. No. 9636 of 1999, the Club moved an Intra Court Appeal in W.A. No. 2101 of 1999. However, the said Writ Appeal was dismissed as withdrawn by order, dated 24.01.2001 stating that, the appellant submitted that the subject matter is being settled with the Government of Tamil Nadu, therefore the appellant wanted to withdraw the said Writ Appeal, accordingly, it was dismissed as withdrawn.

11. Thereafter on 24.03.2001, the Government having considered the M