ORDER

The inter-departmental communication between the District Collector, Vellore and Tahsildar, Vellore in proceedings dated 21.09.2020 is sought to be quashed in the present writ petition.

2. The writ petitioner is running a textile shop in the name of “The Chennai Silks and a jewellery shop in the name of “Sri Kumaran ThangaMaligai”. The shops are constructed in the Patta land. Adjacent to the petitioner's commercial buildings, Government Poromboke land classified as “Battai and Canal” in T.S.No.3187 to an extent of 0.0587.0 Square Meter situated in west side and a canal maintained by Vellore Corporation flowing from south to north direction. The petitioner/The Chennai Silks had requested by an application dated 25.07.2016 for grant of lease in the said T.S.No.3187 to an extent of 0.0587.0 Square Metre Battai/Canal poromboke land for the purpose of two wheeler parking for the above textile shop and jewelery shop.

3. It is not in dispute between the parties that the Government has not granted any lease in favour of the petitioner and enter upon permission was granted by the Authorities and based on the said permission, the petitioner is in occupation of the Government land classified as “Battai and Canal”. Canal is a water body, which cannot be normally used for other purpose other than the purpose for which the canal is provided. Based on the enter upon permission, the petitioner has developed the area by putting up constructions/pipes for the purpose of maintaining the Government property as parking area.

4. Learned Senior Counsel appearing on behalf of the petitioner, Mr.V.Karthik would submit that the petitioner has invested substantial amount for the purpose of developing the portion of the Government land and using the same as parking area for the benefit of the customers attending the textile shop and jewellery shop. The petitioner is paying rent and the respondent has issued the impugned order enhancing the rent, which is exorbitant and thus, the present writ petition came to be instituted.

5. The learned Senior Counsel appearing for the petitioner would submit that as per R.S.O. 24-A, the District Collector has no Authority to sanction, if the lease amount is more than Rs.50,000/-. In such circumstances, the Government is the Competent Authority for enhancement of lease rent and therefore, the impugned order is in violation of R.S.O. 24-A. It is further contented that the petitioner is not utilising the Government land for any other purpose other than using the same as parking area. They have cleaned up the entire location and made it usable for the public benefit, the exorbitant rent now fixed by erroneously assessing the market value is to be set aside.

6. Mr.T.Arunkumar, the learned Additional Government Pleader would oppose the said contention by stating that the petitioner is not a lessee. The Government has not granted any lease. Initially, the rent was fixed based on the Government Order and subsequently, Government took a policy decision to enhance the rent, in respect of Government properties across the State of Tamil Nadu. As per the Government policy, the market value of the land is to be assessed by the Competent Authority and 14% of the market value is to be recovered as rent in respect of all the Government properties. Accordingly, the District Collector has sent a letter to the Tahsildar, Vellore through impugned proceedings dated 21.09.2020, which is under challenge in the present writ petition.

7. The enhanced rent was fixed based on the Government order and the petitioner is only a permissive occupant and not a lessee. Therefore, have no locus to seek exemption from paying the revised rent fixed by the Authorities in consonance with the Government orders. Thus, the writ petition is to be rejected.

8. Considering the arguments as advanced between the learned Senior counsel for the petitioner and the learned Additional Government Pleader, the petitioner admittedly is not a lessee. The rent was fixed, since