WP No. 2308 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08-09-2025 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI W.P. No. 2308 of 2018 & W.M.P.Nos.2825 and 2826 of 2018 The Lakshmi Mills Company Ltd, rep by its Chairman and Managing Director, S.Pathy, P.B.No.6301, 686, Avinashi Road, Pappanaickenpalayam, Coimbatore- 641 037 Petitioner Vs 1. The State of Tamil Nadu rep by its Secretary to Government, Department of Revenue, Fort St. George, Chennai-09 2.The Commissioner Land Administration, Chepauk, Chennai-05 3.The District Collector, Coimbatore District, State Bank Road, Gopalapuram, Coimbatore 4.The District Revenue Officer Coimbatore 1/8 https://www.mhc.tn.gov.in/judis WP No. 2308 of 2018 5.The Tahsildar Coimbatore North, Coimbatore Respondent(s) PRAYER The Writ Petition is filed under Article 226 of Constitution of India for issuance of a Writ of Certiorarified Mandamus calling for the records of the impugned order passed by 3rd Respondent bearing Ref. No.17943/ 2000/ B4, dated 30.10.2017, and to quash the same, as arbitrary, unjust and illegal, and to consequently direct the Respondents to assign the land in S.F. No.1059/1 admeasuring 3863 sq.ft of land at Krishnarayapuram Village, Coimbatore North Taluk in favour of the Petitioner For Petitioner: Mr.S.Parthasarathy Sr.Counsel for Mr.P.Dineshkumar For Respondents: Mr.T.M.Rajangam Government Advocate O R D ER This petition is filed to quash the impugned order passed by 3rd Respondent bearing Ref. No.17943/ 2000/ B4, dated 30.10.2017. 2. The petitioner-Mill encroached an extent of 3863 Sqft., of land in T.S.No.1059/1, Krishnanarayapuram village, coimbatore and the said land is classified as 'Sarkar Jaka' in which the petitioner constructed administrative 2/8 https://www.mhc.tn.gov.in/judis WP No. 2308 of 2018 office, generator shed, a compound wall etc., the enroachment was brought under B-Memo and competetive rent was fixed for Rs.500/- per year and subsequently enhanced to Rs.3,000/- The respondent arrived at a conclusion as the land was utilised for commercial purpose, proposed to regularise the encroachment by way of lease. The lease proposal was sent to the Commissioner of Land Administration and the lease amount was workedout at the rate of prevailing market value and the demand notice was sent to the petitioner-company to pay provisional lease rent. Challenging the same, the petitioner filed a Writ Petition before this court in W.P.No.17855 of 2001 and order was passed, as agaist the same, the petitioner filed a W.A.No.1061 of 2014, wherein the Hon'ble Divison Bench of this Court directed the petitioner to submit a fresh representation to the District Collector seeking assignment of the encroached part of land and subsequently, the petitioner filed an application seeking for assignment before the District Collector, the District Collector, vide impugned order dated 30.10.2017, rejected the petitioner's request on the ground that the government land in Coimbatore (South) and (North) taluks have been exempted from assignment as per State Level Committee's instructions. Challenging the same, the present writ petiton. 3/8 https://www.mhc.tn.gov.in/judis WP No. 2308 of 2018 3. The learned senior counsel for the petitioner would submit that as against the order passed by the District Collector, this Court may grant liberty to the petitioner to approach the appellate authority for grant of assignment in favour the petitioner within a period of four weeks from the date of receipt of copy of order, thereby prayed for appropriate orders. 4. Per contra, the learned Government Advocate appearing for the respondents would submit that initially, as per B-Memo a competitive rent of Rs.500/- was fixed per fasli and subsequently, enhanced to Rs.3000/- and thereafter, the government decided to fix the lease amount and around a sum of Rs.52,22,243/- due as on 01.01.1997 to 31.12.2000. Aggrieved by the same, the petitioner preferred W.P.No.17855 of 2001 and this Court disposed of the said petition on 17.08.2001, however, as on date, the petitioner has not paid any amount to the respondents and this Court may fix any reasonable amount and direct the petitioner to pay the said amount. 5. Admittedly, the facts in the present case is not in dispute and the petitioner encroached the Sarkar Jaka land to an extent of 3863 Sq.ft., in 4/8 https://www.mhc.tn.gov.in/judis WP No. 2308 of 2018 T.S.1059/ 2001 in Krishnanarayapuram nagar, coimbatore and subsequetly, the petitioner had already paid the B-memo charges at the rate of Rs.500/- subseqeuntly, Rs.3000/- and thereafter the governent decided to regularise the encroachment, therby served provisional lease demand of Rs.52,22,243/- for the year 1997-2000, aggrieved by the same, the petitioner preferred the Writ Petition before this Court in W.P.No.17855 of 2001 and this Court disposed of the said writ petition with a direction to the petitioner to submit a fresh representation to the 3 rd respondent and the 3 rd respondent was directed to conduct enquiry and to pass appropriate orders. 6. Be that as it may, the petitioner has to pay some amount for enjoyment of the commercial property of the government land, hence this Court considering the submissions made by the learned Government Advocate and the submission of the learned senior counsel appearing for the petitioner, to strike the balance between the petitioner and the Government, this Court is inclined to pass the following order: (i) The petitioner is directed to deposit a sum of Rs.25 Lakhs, as free deposit, to the credit of the 2 nd respondent within a period of four weeks from the date of receipt of copy of this order for the land enjoyed by the petitioner. 5/8 https://www.mhc.tn.gov.in/judis WP No. 2308 of 2018 (ii) After receipt of the amount, the 2 nd respondent shall consider the petitioner's appeal to be filed by the petitioner and pass appropriate orders, either by assignment or by exchange of land or by any other means within a period of four weeks, in accordance with law. (iii) Further the period of time pending before this Court shall be excluded for the purpose of limitation. (iv) The Registry is directed to return the original impugned order to the petitioner to enable the petitioner to prefer an appeal. 08-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssd 1.The State of Tamil Nadu rep by its Secretary to Government, Department of Revenue, Fort St. George, Chennai-09 2.The Commissioner Land Administration, Chepauk, Chennai-05 3.The District Collector, Coimbatore District, State Bank Rd, Gopalapuram, Coimbatore 6/8 https://www.mhc.tn.gov.in/judis WP No. 2308 of 2018 4.The District Revenue Officer Coimbatore 5.The Tahsildar Coimbatore North, Coimbatore 7/8 https://www.mhc.tn.gov.in/judis WP No. 2308 of 2018 M.DHANDAPANI J. ssd WP No. 2308 of 2018 08/09/25 8/8 https://www.mhc.tn.gov.in/judis