The Administrator General And Official Trustee Of Tamilnadu v. Nil
A NO. 1305 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. S. SUNDAR A NO. 1305 of 2025 in O.P.No.109 of 1942 The Administrator General and official Trustee of Tamilnadu High Court Campus, Chennai 600 104.
Applicant(s) Vs Nil Respondent(s) Prayer : Application filed under Order XIV Rule 8 of the Original Side Rules and under Section 25 of the Official Trustee's Act 11 of 1913 to permit the Official Trustee of Tamil Nadu to carry out the repair work of the building belonging to V.Thiruvengadathan Chetty, situated at No.7, Acharappan Lane, Sowcarpet, Chennai - 600 001, at a cost of Rs.11,48,635/- (Rupees Eleven Lakhs Forty Eight Thousand Six Hundred and Thiry Five only) from the accumulated funds of the Trust of the financial year 2019-2020 through Mr.E.Jayaraj, Proprietor of Ruth Builders, Ruth House, No.10 (Old No.1/3), Sri Valluvapuram Street, Perambur, Chennai - 600 011. For Applicant(s): Mr.D.Lingeswaran, Administrator General and Official Trustee of Tamil Nadu
ORDER
This application is filed by the learned Administrator General and Official Trustee of Tamil Nadu ("AG & OT" for brevity) to permit them to carry out the repair work of the building belonging to V.Thiruvengadathan Chetty, situated at No.7, Acharappan Lane, Sowcarpet, Chennai - 600 001, at a cost of Rs.11,48,635/- (Rupees Eleven Lakhs Forty Eight Thousand Six Hundred and Thiry Five only) from the accumulated funds of the Trust of the financial year 2019-2020 through Mr.E.Jayaraj, Proprietor of Ruth Builders, Ruth House, No.10 (Old No.1/3), Sri Valluvapuram Street, Perambur, Chennai - 600 011.
2.In the report submitted by the learned AG & OT, it is stated that the property bearing Door No.7, Acharappan Lane, Sowcarpet, Chennai - 600 001, is a land and building, measuring an extent of 1765.50 sq.ft. with plinth area of 1765.50 sq.ft. in the Ground Floor and 1490 sq.ft. in the First Floor. This commercial building is located in an important locality with a potential of yielding very good income by letting out the property to prospective lessees. The property is now in the enjoyment of lessees in the Ground Floor and the First floor of the building is vacant. It is reported that the building
is 102 years old with a Madras Terrace. The First Floor portion, which is with a tiled roof, is leaking in very many places. The very existence of First Floor with damaged tiled roof at present, is likely to cause damage to the existing Ground Floor. The photographs show growth of green plants at several places of the building. Therefore, this Court is also convinced that the First Floor portion has to be repaired so as to lease out the premises on the First Floor, as well as to retain the Ground Floor for few more years.
3.In the said circumstances, going through the report submitted by the learned AG & OT, this Court is of the view that the reasons stated by the learned AG & OT for carrying out repair works in the whole building, is very reasonable. The cost estimated is around Rs.11.5 Lakhs. Going through the quotations submitted by the Builder, this Court further finds that the cost of repair work, as required by the Builder, is reasonable. 4.Hence, this petition is allowed and the learned AG & OT is permitted to carry out the repair work of the building belonging to V.Thiruvengadathan Chetty, situated at No.7, Acharappan Lane, Sowcarpet, Chennai - 600 001, at a cost of Rs.11,48,635/- (Rupees Eleven Lakhs Forty Eight Thousand Six Hundred and Thiry Five only) from the accumulated funds of the Trust of the financial year 2019-2020 through Mr.E.Jayaraj,
Proprietor of Ruth Builders, Ruth House, No.10 (Old No.1/3), Sri Valluvapuram Street, Perambur, Chennai - 600 011.
13-03-2025 MKN