Madras High Court
M/S.Holiday Farms & Resorts vs The Secretary To Government (Tourism) on 28 February, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.No.577 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.02.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.A.No.577 of 2025
M/s.Holiday Farms & Resorts
Represented by its Managing Partner
S.Kumar,
Son of Swaminathan,
and located at Main Road,
Akkaraivattam, Karaikal - 609 604. ... Appellant
Vs.
1. The Secretary to Government (Tourism),
Department of Industrial Development (Tourism),
Government of Puducherry.
2. The Under Secretary to Government (Tourism),
Department of Industrial Development (Tourism),
Government of Puducherry.
3. The Director,
Department of Tourism,
Government of Puducherry. ... Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to set aside
Page 1 of 6
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W.A.No.577 of 2025
the order dated 14.08.2024 passed in W.P.No.21304 of 2010.
For Appellant : Mr.K.Suresh Babu
For Respondents : Mr.Ramasamy Meiappan
Government Advocate (Puducherry)
[For R1 to R3]
JUDGMENT
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The writ appeal has been instituted challenging the order dated
14.08.2024 in W.P.No.21304 of 2010.
2. The writ petitioner is the appellant before this Court.
3. The writ petition was instituted challenging the letter dated
10.08.2010 vide proceedings Ref.No.908/Tourism/US/2010 issued by the
Director, Department of Tourism, Government of Puducherry.
4. The letter reveals that the Tourism Department will consider the
request of the petitioner only as per the existing scheme guidelines framed in
Government order dated 20.01.2010. Since the resort belongs to the petitioner
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was commissioned after 2005, the petitioner is eligible to apply for the
financial incentive. It is further stated that the advertisement inviting
application for this financial year will be issued shortly. The last date for
receipt of application had been fixed as 15.10.2010.
5. It is not in dispute that the petitioner submitted an application,
which was considered in accordance with the financial incentives for tourism
investment in Union Territory of Puducherry in G.O.Ms.No.1, Department of
Industrial Development (Tourism) dated 16.02.2004.
6. The learned single Judge while considering the issues made a
finding that as per G.O.Ms.No.1 dated 16.02.2004 and G.O.Ms.No.2 of 2006
dated 18.07.2006 and during the pendency of the writ petition, the
respondents had disbursed a sum of Rs.30,00,000/- to the petitioner's resort
towards financial incentives as per the minutes of the Financial Incentive
Committee dated 25.01.2011.
7. The learned Counsel appearing on behalf of the appellant would
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submit that grant of Rs.30,00,000/- as incentive is not in consonance with the
scheme.
8. This Court is of the considered opinion that the writ petition was
filed in the year 2010 and during the pendency of the writ petition, the benefit
of incentive was granted and a sum of Rs.30,00,000/- was paid to the
petitioner.
9. Incentives to develop Tourism under a Scheme by the
Government is a concession and cannot be construed as an absolute right.
Such concessions are to be granted by the Government strictly in accordance
with the terms of the schemes. The Government is empowered to improve the
scheme by way of policy decision or cancel the same as such decisions are the
administrative prerogative of the Government and a policy decision. Thus,
Courts have no role to consider such nature of concessional schemes, which
are all to be given as per the terms.
10. In the present case, the writ court has recorded that the benefit
incentives has already been granted. That being so, this Court is not inclined
to entertain the present writ appeal, and consequently stands dismissed. No
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costs.
[S.M.S,J.] [K.R.S,J.]
28.02.2025
veda
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
To
1. The Secretary to Government (Tourism),
Department of Industrial Development (Tourism),
Government of Puducherry.
2. The Under Secretary to Government (Tourism),
Department of Industrial Development (Tourism),
Government of Puducherry.
3. The Director,
Department of Tourism,
Government of Puducherry.
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S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
veda
28.02.2025
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