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Madras High CourtA/1629/2023allowed

The Official Trustee Of Tamil Nadu v. Mr.Kothandaraman

2023-06-09Honourable Mr Justice S. Vaidyanathan2 pages

A.Nos.1629 & 1631 to 1633 of 2023 A.Nos.1629 & 1631 to 1633 of 2023 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.1629/2023 For a direction to the respondent to quit and deliver the vacant possession of 904 sq.ft. at D.No.21, Ground Floor, Mangappan Street, Sowcarpet, Chennai-1.

2.

A.No.1631/2023 For a direction to the respondent to pay the arrears of rent at the rate of Rs.18,170/- per month from July 2022 to till handing over of vacant possession of the property 3.

A.No.1632/2023 For a direction to the respondent to pay damages for use and occupation of the premises at the rate of Rs.36,340/- per month from the date of filing of this application till the date of handing over possession.

4.

A.No.1633/2023 For a direction to the applicant to take over the vacant possession through police force, if respondent fails to hand over the vacant possession.

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 herein. 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 S.VAIDYANATHAN,J.

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

A.Nos.1629 & 1631 to 1633 of 2023 is also submitted that notice has been served on the respondent and the consignment has been delivered on 04.05.2023 itself, which is evident from the acknowledgment card filed 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.

A.Nos.1629 & 1631 to 1633 of 2023 in A.No.4148 of 2021 in C.S.No.187 of 1966 https://www.mhc.tn.gov.in/judis