The Official Trustee Of Tamil Nadu v. Mr.Karmugil

A.Nos.731 to 733 of 2023 A.Nos.731 to 733 of 2023 in T.O.S.No.40 of 1995 S.VAIDYANATHAN,J.

These applications have been filed by the Official Trustee of Tamil Nadu, seeking following relief:

Sl.No.

Case No.

Prayer 1.

A.No.731/2023 For a direction to the respondent to quit and deliver the vacant possession of 410 sq.ft. at D.No.29/30, First Floor, Padmanaban Street, T.Nagar, Chennai-17.

2.

A.No.732/2023 For a direction to the applicant to take over the vacant possession through police force, if respondent fails to hand over the vacant possession.

3.

A.No.733/2023 For a direction to the respondent to pay the arrears of rent at the rate of Rs.16,000/- from January, 2011 to till handing over of vacant possession.

2. There is no representation for the respondent.

3. Learned Administrator General and Official Trustee (AG & OT) has submitted that the Trust property is under the control of the office of AG&OT and the respondent is a trespasser, as the property was not let out to him originally. It is further submitted that though the rent has been revised after getting a report from the Engineer, the respondent has not come forward to pay the enhanced amount. It is also submitted that notice has been served on the respondent and despite receipt of notice, the respondent has not chosen to reply to the notice.

S.VAIDYANATHAN,J.

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

A.Nos.731 to 733 of 2023

4. It is seen that service of notice on the respondent has been duly completed, which is evident from the acknowledgment card copy produced before this Court. Hence, finding prima facie case in favour of the learned AG & OT, these Applications are ordered as prayed for, with the following directions: i) The respondent shall vacate and hand over the vacant possession of the Trust property to the Office of the AG&OT forthwith; ii) It is open to the AG&OT to collect the payment from the respondent towards rental arrears and damages in the manner known to law; and iii) If need be, the AG&OT can seek necessary police protection at the time of eviction of the respondent and if any such request is made, the concerned Police is directed to provide Police aid to execute the order of this Court. 14.07.2023 ar To:

The Administrator General and Official Trustee of Tamil Nadu, High Court, Madras.

A.Nos.731 to 733 of 2023 in T.O.S.No.40 of 1995 https://www.mhc.tn.gov.in/judis