M.Ilavarasu vs State Of Tamil Nadu
2021 Latest Caselaw 13847 Mad

                                                                             W.A.No.3099 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 12.07.2021

                                                         CORAM

                                      THE HON'BLE MR.JUSTICE M.M.SUNDRESH
                                                       and
                                       THE HON'BLE MS.JUSTICE R.N.MANJULA

                                                W.A.No.3099 of 2019

                     M.Ilavarasu                                                    .. Appellant

                                                          Vs

                     State of Tamil Nadu
                     Rep. by its Additional Chief Secretary,
                     Home (Cinema) Department,
                     Fort St.George, Chennai.                                     .. Respondent

                          Appeal filed under Clause 15 of Letters Patent against the order
                     dated 27.04.2019 made in W.P.No.12798 of 2019.

                               For Appellant         :     Mr.B.Govinda Prabhu

                               For Respondent        :     Mr.John J Raja Singh
                                                           Government Counsel

                                                      JUDGMENT

(Delivered by M.M.SUNDRESH, J.)

This appeal has been preferred by the appellant, who is the

licence holder of the vehicle parking stand having obtained the licence

from the Greater Chennai Corporation for parking of the vehicles of

cinema goers. Challenging the Government Order passed, by which

https://www.mhc.tn.gov.in/judis/ W.A.No.3099 of 2019

parking fees has been fixed after taking into consideration the relevant

materials. The learned Single Judge dismissed the writ petition

upholding the Government Order in G.O.Ms.No.891 Home (Cinema)

Department, dated 30.11.2017 and hence the present appeal.

2. Learned counsel appearing for the appellant submitted that

the appellant has not been heard before passing the Government

Order. The cost of the land value has not been taken into consideration

and, therefore, the order requires to be interfered with and a

consequential direction will have to be issued to increase the parking

fees at the cinema theatres.

3. We do not find any merit in this appeal. The appellant being a

mere licensee cannot ask for such a prayer. The fixation of the fee is in

the realm of the respondent. On perusal of the Government Order, we

find that the relevant materials have been taken into consideration. If

the enhancement of fee as sought for by the appellant is accepted, it

will be against the public interest. This is a policy decision of the

respondent which cannot be reviewed by invoking Article 226 of the

Constitution of India.

https://www.mhc.tn.gov.in/judis/ W.A.No.3099 of 2019

4. In such view of the matter, the order of the learned Single

Judge is confirmed and the writ appeal stands dismissed. No costs.

However, this order will not stand in the way of the appellant to

approach the respondent for enhancement of parking fees in future, if

so advised.

                                                               (M.M.S., J.)    (R.N.M., J.)
                                                                       12.07.2021
                     Index:Yes/No
                     mmi/ssm

                     To

                     The Additional Chief Secretary,
                     Home (Cinema) Department,
                     Fort St.George, Chennai.

https://www.mhc.tn.gov.in/judis/ W.A.No.3099 of 2019

M.M.SUNDRESH, J.

and R.N.MANJULA,J.

mmi

W.A.No.3099 of 2019

12.07.2021

https://www.mhc.tn.gov.in/judis/