The Official Trustee Of Tamilnadu v. Palani

in A.No.4148 of 2021 in C.S.No.187 of 1966 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.1120/2023 For a direction to the respondent to quit and deliver the vacant possession of 2563.82 sq.ft. at D.No.31, Kalathy Pillai Street, Sowcarpet, Chennai 2.

A.No.1121/2023 For a direction to the respondent to pay the arrears of rent at the rate of Rs.33,674/- from July 2022 to till handing over of vacant possession of the property 3.

A.No.1122/2023 For a direction to the respondent to pay damages for use and occupation of the premises at the rate of Rs.67,348/- per month from the date of filing of this application till the date of handing over possession.

4.

A.No.1123/02023 For a direction to the applicant to take over the vacant possession through police force, if respondent fails to hand over the vacant possession.

2. There is no representation for the respondent.

3. Learned Additional Deputy AG & OT has submitted that the Trust property is under the control of the office of AG&OT and the property was let out to the respondent by the previous Trustee. 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 and executed the rental agreement with the Office of the AG&OT. Moreover, the respondent has also sub-let the property to third parties and collecting rent from them. It is also submitted that notice has been served on the respondent and the postal tracking consignment statement has been filed before this Court in support thereof, which shows that the consignment has been delivered on 04.05.2023 itself. It is represented by the learned Additional Deputy AG & OT across the bar that the acknowledgment card has been received today and the same has been shown to this Court. The card shall be filed into the Registry for tagging along with the memo.

4. Finding prima facie case in favour of the learned Additional Deputy 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.

09.06.2023 ar To:

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

S.VAIDYANATHAN,J.

ar in A.No.4148 of 2021 in C.S.No.187 of 1966 09.06.2023