Citation : 2026 Latest Caselaw 1754 Mad
Judgement Date : 9 April, 2026
W.P.No.2799 of 2026 & W.A.No.1141 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-04-2026
CORAM
THE HON'BLE MR JUSTICE R.SURESH KUMAR
AND
THE HON'BLE MR.JUSTICE N.SENTHILKUMAR
W.P.No.2799 of 2026
and W.M.P.Nos.3095 & 3097 of 2026
and W.A.No.1141 of 2023
and C.M.P.Nos.1838, 1839 and 1843 of 2026
and C.M.P.No.11488 of 2023
W.P.No.2799 of 2026
Pandyan Hotels Limited,
Rep by its Managing Director,
Race Course,Alagarkovil Road,
Madurai- 625 002.
...Petitioner
Vs
1. The Government of Tamil Nadu
Rep by its Additional Chief Secretary,
Revenue and Disaster Management
Department, Fort St. George, Chennai- 600 009.
2. The Commissioner of Land Administration
Chepauk, Chennai -600 005.
3. The District Collector
Madurai District, Madurai.
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W.P.No.2799 of 2026 & W.A.No.1141 of 2023
4. The District Revenue Officer
Madurai District, Madurai.
5. The Tahsildhar
Madurai North Taluk, Madurai.
6. Tamil Nadu Tourism Development Corporation
Limited, Rep by its Managing Director,
2, Wallajah Road, Chennai- 600 002.
7. The Regional Manager
Tamil Nadu Tourism Development Corporation
Corporation,
Hotel Tamil Nadu-Madurai II,
170 Alagar Kovil Road, Madurai - 625 002.
..Respondents
W.A.No.1141 of 2023
Pandyan Hotels Limited,
Rep by its Managing Director,
Race Course,Alagarkovil Road,
Madurai- 625 002. … Appellant
Vs.
1. The Secretary to Government
Revenue Department, Fort St. George,
Chennai- 600 009.
2. The Commissioner of Land Administration
Chepauk, Chennai -600 005.
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W.P.No.2799 of 2026 & W.A.No.1141 of 2023
3. The District Collector
Madurai District, Madurai.
4. The District Revenue Officer
Madurai District, Madurai.
5. The Tahsildhar
Madurai North Taluk, Madurai.
6. Tamil Nadu Tourism Development Corporation Limited,
Rep. by its Managing Director,
2, Wallajah Road, Chennai- 600 002.
7. The Regional Manager
Tamil Nadu Tourism Development Corporation,
Hotel Tamil Nadu-Madurai II,
170 Alagar Kovil Road, Madurai - 625 002. .. Respondents
[R6 and R7 are impleaded vide court order dated 21.01.2026 made in
C.M.P.No.1235 of 2026 in W.A.No.1141 of 2023 by RSKJ & SSAJ]
For Petitioner : Mr.AR.L.Sundaresan, Senior Counsel
/appellant in both for Mr.Kandhan Duraisamy
writ petition and
writ appeal
For Respondents : Mr.P.S.Raman, Advocate General
in both writ petition and assisted by Mr.D.Ravichander,
writ appeal Special Government Pleader [R1 to R5]
Mr.P.Wilson, Senior Counsel
for Mr.D.Ravichander,
Special Government Pleader [R6 & R7]
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W.P.No.2799 of 2026 & W.A.No.1141 of 2023
COMMON ORDER
(Order of the Court was made by R.SURESH KUMAR, J.)
Pursuant to our earlier orders dated 03.02.2026 and 17.02.2026, when these
cases are taken up for further hearing today, Mr.AR.L.Sundaresan, learned
Senior counsel appearing for the petitioner / appellant would submit that, as
directed earlier, the appellant has given a revised proposal whereby there were
two major components.
2. The first component is, the entire hotel premises is to an extent of 5.90
acres, out of which, they do not wish to hold for the entire 5.90 acres, if the
request is considered to renew the assignment they are ready to give up 3 acres
or part away with 3 acres to the Government and they want to retain only
remaining 2.90 acres where the building and the other surrounding is located.
3. The second component is, insofar as the arrears of amount payable to
the Government is concerned for the use of the land, it was the calculation made
by the Government at Rs.4,400/- per sq.ft. If that is the calculation made, the
total amount comes to Rs.55,63,36,000/-, out of which already
Rs.14,23,83,940/- has been paid and the petitioner / appellant is ready and
willing to pay a further sum of Rs.10,00,00,000/- (Rupees Ten Crores only)
within a period of one week.
4. Even in respect of the remaining amount, once the Government __________ Page4 of 10 https://www.mhc.tn.gov.in/judis W.P.No.2799 of 2026 & W.A.No.1141 of 2023
considered the revised request made by the appellant favourably in favour of the
appellant, that amount would also be calculated and paid within a time
stipulated either by this Court or by the Government.
5. Therefore, considering all these aspects, let the revised proposal
submitted by the appellant be considered positively and decided at the earliest,
is the contention of Mr.AR.L.Sundaresan, learned Senior Counsel appearing for
the appellant / petitioner.
6. In response to the same, Mr.P.S.Raman, learned Advocate General
would submit that, the revised proposal is under consideration of the
Government, but due to the general election process is on in the State, the
Government on its own cannot come forward to take any such decision.
7. However, the learned Advocate General has added that, if it is an order
of the Court and any direction is given to the State Government in this regard,
that would be scrupulously followed and complied with by the State in
accordance with law.
8. On the other hand, Mr.P.Wilson, learned Senior Counsel appearing for
the Tamil Nadu Tourism Development Corporation Limited (TTDC) which is
presently looking after the running of the hotels, i.e., R6 & R7 would contend __________ Page5 of 10 https://www.mhc.tn.gov.in/judis W.P.No.2799 of 2026 & W.A.No.1141 of 2023
that, by virtue of the earlier order of status quo passed by this Court, when FL2 /
FL3 licence stood in the name of the appellant was cancelled and it was applied
by TTDC in their name, the Licensing Authority has refused to consider their
application by citing the order passed by this Court with regard to the status quo
order. Therefore, that issue has to be resolved and TTDC shall be permitted to
get the licence to continue with the Bar at the hotel premises.
9. In addition, the learned Senior Counsel appearing for TTDC would
submit that, the entire property is worth about more than five hundred crores,
therefore, that also should be taken into account by the Government at the time
of taking decision on the revised application or proposal submitted by the
appellant.
10. Insofar as FL2 / FL3 licence application submitted by TTDC is
concerned, Mr.AR.L.Sundaresan, learned Senior Counsel appearing for the
appellant would make a suggestion that, the application sought for FL2 / FL3
licence by TTDC can be processed by the Licensing Authority and even licence
can be granted in their favour for the time being, but granting of such licence in
the name of TTDC for the time being would be subject to the outcome of the
present writ appeal and ultimate orders to be passed in this writ appeal.
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11. We have considered these submissions made by the learned respective
Senior Counsels as well as the learned Advocate General for the State and also
have perused the materials placed before this Court.
12. Since the submissions have been made on behalf of the appellant that
the revised proposal as detailed herein above since has been pending with the
Government and as stated by the learned Advocate General that the
Government would consider the proposal and come to conclusion and decision
after having deliberation with the appellant and other stake holders provided if
such direction is given by this Court as the election code of conduct since has
come into effect, on its own, the Government cannot proceed to decide the said
application either way, we after having considered all these aspects are inclined
to pass the following orders:
(i) that there shall be a direction to the State Government to consider the revised proposal submitted by the appellant as directed earlier vide proposal dated 05.02.2026 submitted to the Government on 10.02.2026 and decide the same after giving an opportunity of being heard to the appellant by taking into account of the detailed proposal submitted by the appellant with two components, namely giving up 3 acres out of 5.90 acres and also its readiness to pay the entire arrears as calculated by the Government at the rate of Rs.4,400/- per sq.ft and accordingly, a decision can be taken by the Government on
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merits and in accordance with law and such decision shall be taken at the earliest preferably within a period of two weeks from the date of receipt of a copy of this order.
(ii) If the Government wishes to enhance the amount payable by the appellant for 2.90 acres of land for which the assignment now has been sought for or renewal has been sought for, it is open to fix such revised amount also by the Government, that too, after having negotiation with the appellant taking into account of the ground reality.
(iii) Till such final decision is taken, the continuance of TTDC at the hotels to run the same with the as is where is condition shall continue. Insofar as FL2 / FL3 application filed or pending before the Licencing Authority is concerned, the Licencing Authority shall consider the said application and pass necessary orders on merits where if the Licencing Authority has no objection in giving licence in favour of TTDC, that can also be granted and once the licence is granted, it is open to TTDC to run the Bar at the hotel premises. However, the grant of FL2 / FL3 licence in favour of TTDC will be subject to outcome of the final order to be passed by this Court in this writ appeal.
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13. With these interim directions, post these matters on 27.04.2026.
(R.S.K., J.) (N.S., J.)
09-04-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
vji
Note : Issue order copy today itself. i.e., on 09.04.2026 To
1. The Additional Chief Secretary, Government of Tamil Nadu Revenue and Disaster Management Department, Fort St. George, Chennai- 600 009.
2. The Commissioner of Land Administration Chepauk, Chennai -600 005.
3. The District Collector Madurai District, Madurai.
4. The District Revenue Officer Madurai District, Madurai.
5. The Tahsildhar Madurai North Taluk, Madurai.
6. Tamil Nadu Tourism Development Corporation Limited rep by its Managing Director, 2, Wallajah Road, Chennai- 600 002.
7. The Regional Manager Tamil Nadu Tourism Development Corporation, Hotel Tamil Nadu-Madurai II, 170 Alagar Kovil Road, Madurai - 625 002.
8. The Secretary to Government, Revenue Department, Fort St.George, Chennai – 600 009.
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R.SURESH KUMAR, J.
AND N.SENTHILKUMAR, J.
vji
and W.M.P.Nos.3095 & 3097 of 2026
and C.M.P.Nos.1838, 1839 and 1843 of 2026
09-04-2026
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