Madras HC restrains Tamil Nadu government from evicting SRM Hotel

MADURAI: In a relief to the SRM Hotel management in Trichy, Madras high court has restrained Tamil Nadu govt from evicting it from the property without following the due process of law.

Justice G R Swaminathan, slamming officials for barging into the property on June 14 and taking possession of the property, the 30-year lease period for which had lapsed, said: "When once I come to the conclusion that the respondents (authorities) have acted illegally, it is my duty to put the clock back and restore the status quo ante. On account of the interim order passed by me, the mischief committed by the respondents has been undone. If I close the writ petition as infructuous, it would amount to permitting the respondents to take advantage of their own wrong (Nullus commodum capere potest de injuria sua propria – No one can gain advantage by his own wrong). No order of the court can result in perpetuation of illegality.”

The court was hearing the petition filed by SRM Hotels Private Limited seeking a direction to forbear the authorities evicting them from the property in Kottapattu in Trichy district. The state had taken possession of the property on June 14 morning, following the expiry of the lease agreement with the Tamil Nadu Tourism Development Corporation (TTDC). Earlier, the court had granted interim relief to the petitioner.

Justice Swaminathan observed that the petitioner is not a trespasser. They were given possession by the state. They put up a star hotel. There are a large number of guests. The petitioner has been in possession for 30 years. No doubt, the lease period is over. The state has rejected the petitioner's request for renewal. The stand of the state has been assailed by the petitioner by filing another petition.

"The only relief sought by the petitioner is that they should not be dispossessed except by due process of law. I grant it. What is 'due process' need not be adumbrated at this stage. It could be invocation of the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975. It could be an institution of suit. I leave that open," the judge observed and allowed the petition.

The state submitted that the petitioner is in huge arrears. The petitioner is paying paltry annual lease rent of Rs 7,00,562 which was fixed for the year 2002-2003. The petitioner has no right to squat on the property.