High Court grants relief to SRM Hotel in Tiruchi

Madras High Court grants relief to SRM Hotel in Tiruchi, emphasizing the importance of following due process of law.

Granting relief to SRM Hotel in Tiruchi, the Madurai Bench of the Madras High Court on Thursday observed that the authorities ought to have followed due process of law. They could not have simply barged in, the court said.

The court was hearing a petition filed by SRM Hotels Private Limited seeking a direction to restrain the authorities from evicting the hotel management from the premises in Tiruchi. The authorities had attempted to take possession of the premises following the expiry of the 30-year lease agreement with Tamil Nadu Tourism Development Corporation (TTDC).

Earlier, the State told the court that possession of the premises was already taken on the morning of June 14. The State submitted that the petitioner was paying a paltry annual lease rent of ₹7,00,562 which was fixed for the year 2002-2003. The petitioner had no right to squat on the property. The authorities took possession of the premises only after the lease period expired, it was submitted.

Justice G.R. Swaminathan observed that the petitioner is not a trespasser. They were given possession by the State. They put up a star hotel. There were a large number of guests. The petitioner has been in possession for 30 years. No doubt, the lease period was over. The State had rejected the petitioner’s request for renewal, the court observed.

In these circumstances, the conduct of the district administration and the jurisdictional police in entering the premises and taking possession in the forenoon of June 14 can only be characterised as height of arbitrariness and illegality. The authorities ought to have followed due process of law. They could not have simply barged in, the court observed.

The court observed that when it came to the conclusion that the authorities had acted illegally, it was its duty to put the clock back and restore the status quo ante.

The judge observed, “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 the invocation of the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975. It could be the institution of a suit. I leave that open. The writ petition is allowed”.