WA No. 737 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18-03-2025 CORAM THE HONOURABLE MR JUSTICE S. M. SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR WA No. 737 of 2025 1. K.V.K. Nagaraj S/o. K.V. Kandasamy, No.55-C, Vedakanthan Nivas, Opp. Angala Parameswari Koil, Choolai, Erode 638 004. Appellant(s) Vs 1. The Secretary to Government Revenue Department, Fort St.George, Chennai 600 009. 2.The Principal Commissioner Land Administration Department, Ezhilagam, Chepauk, Chennai 600 005. 3.The District Collector Erode District, Erode 638 011. 4.The District Revenue Officer https://www.mhc.tn.gov.in/judis WA No. 737 of 2025 Erode District, Collectorate, Erode 638 011. 5.The Tahsildar Erode 638 001, Erode Taluk, Katcheri St, Erode District. Respondent(s) PRAYER To set aside the order dated 30.08.2024 made in WP No.34521 of 2023 passed by this Court by allowing this Writ Appeal. For Appellant(s): Mr.N. Manoharan For Respondent(s): M/s A.Selvendran Special Government Pleader JUDGMENT (Judgment of the Court was made by S.M.Subramaniam J.) The Writ order dated 30.08.2024 passed in W.P.No.34521 of 2023 is under challenge in the present Writ Appeal. 2. Mr.N.Manoharan, learned counsel appearing on behalf of the appellant would mainly contend that under the guise of policy decision, the request of the petitioner to lease out the Government poromboke land for running petrol bunk has been negative. However, similar request was acceded to by the authorities, in respect of the nearby poromboke land. Thus, different yardstick has been adopted by the authorities, resulting in discrimination. https://www.mhc.tn.gov.in/judis WA No. 737 of 2025 3. Further, the findings of the Writ Court stating that the petitioner is a sub-lessee, is not based on any record produced. The appellant claims that he is a new applicant and not a sub-lessee. 4. Mr.A.Selvendran, learned Special Government pleader would oppose by stating that the petitioner is a sub-lessee. Therefore, the said fact has been recorded. 5. We found from the proceedings of the Tahsildar, dated 28.07.2022, that the appellant is not a sub-lessee and appears to be an applicant. 6. May that as it be, this Court is of the considered opinion that the Commissioner of Land Administration, in the impugned proceedings dated 01.09.2023, has stated that the Government is adopting a new lease policy for leasing out the Government poromboke land. That apart, leasing of Government land cannot be claimed as an absolute right by any person. Leases are to be granted strictly in accordance with Government policy, treating all applicants equally. The State must provide equal opportunities in granting leases to eligible persons. The Government has undertaken a new lease policy, and the appellant cannot claim a Government lease as a matter of right. Thus, this Court is not inclined to interfere with the Writ order, which is impugned in the present appeal. https://www.mhc.tn.gov.in/judis WA No. 737 of 2025 7. Thus, the order dated 30.08.2024 made in WP No.34521 of 2023 stands confirmed and the Writ Appeal stands dismissed. No costs. Consequently, the connected Miscellaneous Petitions, if any, are closed. (S.M.SUBRAMANIAM J.)(K.RAJASEKAR J.) 18-03-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WA No. 737 of 2025 To 1.The Secretary to Government Revenue Department, Fort St.George, Chennai 9. 2.The Principal Commissioner Land Administration Department, Ezhilagam, Chepauk, Chennai 5. 3.The District Collector Erode District, Erode 638 011. 4.The District Revenue Officer Erode District, Collectorate, Erode 638 011. 5.The Tahsildar Erode 638 001, Erode Taluk, katcheri St, Erode Dt. https://www.mhc.tn.gov.in/judis WA No. 737 of 2025 S.M.SUBRAMANIAM J. AND K.RAJASEKAR J. gd WA No. 737 of 2025 18-03-2025 https://www.mhc.tn.gov.in/judis