Madras High CourtA/1955/2022allowed

Administrator General And Official Trustee Of Tamil Nadu v. Nil

2022-04-29Honourable Mr Justice M.Duraiswamy18 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 29th DAY OF APRIL 2022 THE HON'BLE MR. JUSTICE M.DURAISWAMY A.Nos.1955 and 1956 of 2022 The Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai- 600 104.

.. Applicant A.No.1955 of 2022:

Application praying that this Hon'ble Court be pleased to met out the total cost for paper publication and incidental expenses proportionately from the concerned Trust Estates for the properties to be let out. A.No.1956 of 2022:

Application praying that this Hon'ble Court be pleased to make necessary paper publication in any one of the Tamil Newspaper in Chennai Edition, regarding the public auction to be held for the properties with upset rent specified against each of the properties in the tabular (6) column in para 4 of this report.

These applications coming on this day before this Court for hearing in the presence of Mr.S.Raju, Administrator General and Official Trustee of Tamil Nadu, the applicant in both applications appearing in person, and upon reading the Judges Summons and the report of the Administrator General and Official Trustee of Tamil Nadu filed in both applications, it is ordered as follows :

That the Administrator General and Official Trustee of Tamil Nadu, the applicant in A.No.1955 of 2022 be and is hereby directed to met out the total cost for paper publication and incidental expenses proportionately from the concerned Trust Estates for the properties to be let out.

2. That Administrator General and Official Trustee of Tamil Nadu, the applicant in A.No. 1956 of 2022, be and is hereby permitted to make necessary paper publication in any one of the Tamil Newspaper in Chennai Edition, regarding the public auction to be held for the properties with upset rent specified against each of the properties morefully setout in the schedule hereunder.

SCHEDULE Sl.

No.

(1) Name of the Estate (2) Address of the Property (3) Extent (4) Nature of Property (5) Upset Price (6) EMD in Rs (7) 1 V.T.Chetty No.51 &52, Moore Street, Chennai -1 sq.ft.

Old Buildings 35,000/- 1,05,000/- V.T.Chetty No.47 Moore Street, Chennai - 1.

sq ft-GF Commercial 1,10,000/- 3,30,000/- V.T.Chetty No.47 Moore Street, Chennai - 1.

sq ft-GF Ground Floor (Commercia l) 8,500/- 25,500/- V.T.Chetty No.47 Moore Street, Chennai - 1 72 sq.ft FF Commercial 26,400/- 79,200/- V.T.Chetty No.47 Moore Street, Chennai - 1.

4417 sq ft (Second Floor) Commercial 45,000/- 1,35,000/- V.T.Chetty No.7, Acharappan Lane, Chennai -1.

sq ft- GF Shop 7,400/- 22,200/- V.T.Chetty No.7, Acharappan Lane, Chennai - 1.

sq ft-FF Godown 46,000/- 1,38,000/- V.T.Chetty 151, Aathiyappa Naicken Street, Chennai - 1.

sq ft -GF Shop 25,000/- 75,000/- N.V.Ammal No.189, NSC Bose Road, Chennai - 1 sq ft-FF Commercial 1,08,750/- 3,26,250/- K.Ramanujam Chetty No.15, Thatha Muthiappan Street, Chennai - 1.

sq ft-GF Shop 3,750/- 11,250/- K.Ramanujam Chetty No.15, Thatha Muthiappan Street, Chennai - 1.

sq ft-GF Shop 2,500/- 7,500/-

M.T.Mission No.18, Swamy Thiruneelagandan Street, Chennai - 1.

sq ft Vacant Place 6,000/- 18,000/- MKP Maracayar No.79, Prakasam Road, (Broadway), Chennai-1.

sq ft Old Building 75,000/- 2,25,000/- MKP Maracayar No.80 , Prakasam Road, (Broadway), Chennai - 1.

sq ft Old Building 97,000/- 2,91,000/- Gally Adhi Narayana Chetty sq ft (Old house & vacant place) 22,500/- 67,500/- New No.6, Old No.1, Narayana Chetty Lane, Chennai - 1.

N.V.Ammal No.14, SMM Lane, Chennai - 1.

sq ft Vacant Place 15,000/- 45,000/- PR Chetty New No.41, Old No.19, S.M.M.Street, Chennai - 1.

sq ft Dilapidated Building 33,750/- 1,01,250/- MM Charities 56, Pycrofts Road,1st Street, Royapettah, Chennai - 14.

sq ft Old building 15,000/- 45,000/- Iyyapillai Charities No.29, Singarachari Street, Chennai-5.

sq ft Choultry 93,750/- 2,81,250/- Ponnnambalam Pillai No.23, Kanakkar Street, Chennai - 19.

sq ft (GF) Shop 6,000/- 18,000/- Moonjalore Lakshmaiah Chetty sq ft (Old House & Vacant Place) 26,250/- 78,750/- No.6, South Prakaram Street, TH Road, Chennai - 19.

Batchu Munusamy Chetty sq ft (Shop) Shop 15,000/- 45,000/- No. 58, St.Xavier Street, Chennai - 1.

MM Charities No.173, Pycrofts Road, 1st Street, Royapettah, Chennai - 14.

sq ft Old Building Vacant Place 2,36,000/- 7,08,000/- sq ft (GF) Old Building(Co mmercial) 1,16,000/- 3,48,000/- K Rangammal No.125, Audiappa Naicken Street, Chennai - 1.

N.V.Ammal No.42, S.M.M.Lane, Chennai - 1.

sq ft House 7,200/- 21,600/- N.V.Ammal No.14, Karuppannan Street, Chennai - 1.

sq ft Old Building (House) 27,700/- 83,100/- MM Achari No. 28, Paramasiva Chetty Street, Chennai-1.

sq ft Old Building (House) 28,000/- 84,000/- Ponnambalam Pillai No.246, Ramakrishna Mutt Road, Mylapore, Chennai - 4 sq ft Choultry (Commerci al) 3,98,500/- 11,95,500/- MKA Charities No.239, Ramakrishna Mutt Road, Mylapore, Chennai - 4 sq ft Vacant Place (Commerci al) 2,82,525/- 8,47,575/- Bhavanandam Academy No.68, Jermiah Road, Vapery, Chennai - sq ft Old Building (Commerci al) 3,20,000/- 9,60,000/- MOPL Charities No. 910, Thiruvottiyur High Road, Chennai - 19.

Vacant Place Commerci al 12,700/- 38,100/- sq ft C.K. Naidu Lands at Ayanambakkam Lands, Chennai - 35.15AcreCommerci al 14,25,531/ - 42,76,593/- 54.87 Acres 19.72 AcreAgriculture 4,37,192/- 13,11,576/- MM Charities No.10, Mohandas Lane Border Garden, Chennai - 14.

sq ft Old Building (House) 23,500/- 70,500/-

TV Rao No.32, Veerappan Street, Chennai - 1.

sq ft Shop 3,350/- 10,050/- TV Rao No.32, Veerappan Street, Chennai - 1.

sq ft Shop 11,300/- 33,900/- S.S. Pillai No.10, Venkatesa Gramini Street, Chindadripet, Chennai - 3 sq ft Old Building 32,500/- 97,500/- Vaduvambal No.21, Periyanna mudali Street, Chennai - 1.

sq ft Vacant Place 36,580/- 1,09,740/- Govindasamy Chetty No.12, Ramasamy Mesthri Street, Triplicane, Chennai-5.

sq ft Vacant Place 11,655/- 34,965/- MKA No.63,64,65, East Mada Street, Thiruporur 236 Sq.

Ft Vacant Place 55,000/- 1,65,000/- WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 29th DAY OF APRIL 2022.

Sd/- ASSISTANT REGISTRAR (Comm.Cases) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

ky 29.04.2022 A.Nos.1955 and 1956 of 2022

ORDER

DATED: 29.04.2022 THE HON'BLE MR.JUSTICE M.DURAISWAMY FOR APPROVAL: 29.04.2022 APPROVED ON : 29.04.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

.. Applicant A.No.1955 of 2022:

This application coming on this day before this Court for hearing the Court made the following order:- The learned Administrator General and Official Trustee of Tamil Nadu ("AG & OT" for brevity) has filed the application in A.No.1956 of 2022 to make necessary paper publication in any one of the Tamil Newspaper in Chennai Edition, regarding the public auction to be held for the properties with upset rent specified against each of the properties in the Tabular (6) Column in Para 4 of this report. 2.The learned AG & OT has also filed another application in A.No.1955 of 2022 to meet out the total cost for paper publication and incidental expenses proportionately from the concerned Trust Estate for the properties to be let out.

3.In support of the Judge's Summons in A.Nos.1955 and 1956 of 2022, the learned AG & OT has filed the following report : "The Administrator General and Official Trustee of Tamil Nadu humbly submits that nearly about 200 Trust Estates are

being administered by the Administrator General and Official Trustee of Tamil Nadu. From and out of the Trust Estates both the Administrator General and Official Trustee sides there are about 500 properties let out to various tenants for Residential and Non-Residential on monthly rent basis and also yearly lease basis for agricultural land.

The AG & OT further submits that as of now there are 39 properties kept vacant and idle. These properties are in and around Chennai. The AG & OT has to take necessary steps to lease out the property to fetch income for charity purpose and the interested person may take the property for rent or lease basis. The properties are connected to various Trust Estates and different locations with different extents. 3.

The AG & OT further submits that most of the buildings are in very old condition. Considering the conditions of the buildings, it is decided to lease them out in "as is where condition". After the interested person entered into a lease, they may be permitted to build up a new construction in the vacant trust properties at their own cost by obtaining appropriate order from the Hon'ble High Court and also building approval plan from competent authorities. For arriving the monthly rent upset price, the present guideline value is taken for consideration, but not in entirely. Tentative

rent assessment is also done, which is lesser than the guideline value estimation.

The AG & OT further submits that the following tabular column will give a clear picture about the name of the trust estate, address of the property, nature of the property, extent of the property, guideline value and upset monthly rent as tentatively decided by AG & OT, to the respective property for better appreciation.

Vacant Properties in the Name of The Administrator General and Official Trustee of Tamil Nadu Sl.

No .

(1) Name of the Estate (2) Address of the Property (3) Extent (4) Nature of Property (5) Upset Price (6) EMD in Rs (7) 1 V.T.Chetty No.51 &52, Moore Street, Chennai -1 sq.ft.

Old Buildings 35,000/- 1,05,000/- V.T.Chetty No.47 Moore Street, Chennai - 1.

sq ft-GF Commercial 1,10,000/- 3,30,000/- V.T.Chetty No.47 Moore Street, Chennai - 1.

sq ft-GF Ground Floor (Commerci al) 8,500/- 25,500/- V.T.Chetty No.47 Moore Street, Chennai - 1 72 sq.ft FF Commercial 26,400/- 79,200/- V.T.Chetty No.47 Moore Street, Chennai - 1.

4417 sq ft (Second Floor) Commercial 45,000/- 1,35,000/- V.T.Chetty No.7, Acharappan Lane, Chennai -1.

sq ft- GF Shop 7,400/- 22,200/-

V.T.Chetty No.7, Acharappan Lane, Chennai - 1.

sq ft-FF Godown 46,000/- 1,38,000/- V.T.Chetty 151, Aathiyappa Naicken Street, Chennai - 1.

sq ft -GF Shop 25,000/- 75,000/- N.V.Ammal No.189, NSC Bose Road, Chennai - 1 sq ft-FF Commercial 1,08,750/- 3,26,250/- K.Ramanujam Chetty No.15, Thatha Muthiappan Street, Chennai - 1.

sq ft-GF Shop 3,750/- 11,250/- K.Ramanujam Chetty No.15, Thatha Muthiappan Street, Chennai - 1.

sq ft-GF Shop 2,500/- 7,500/- M.T.Mission No.18, Swamy Thiruneelagandan Street, Chennai - 1.

sq ft Vacant Place 6,000/- 18,000/- MKP Maracayar No.79, Prakasam Road, (Broadway), Chennai-1.

sq ft Old Building 75,000/- 2,25,000/- MKP Maracayar No.80 , Prakasam Road, (Broadway), Chennai - 1.

sq ft Old Building 97,000/- 2,91,000/- Gally Adhi Narayana Chetty New No.6, Old No.1, Narayana Chetty Lane, Chennai - 1.

sq ft (Old house & vacant place) 22,500/- 67,500/- N.V.Ammal No.14, SMM Lane, Chennai - 1.

sq ft Vacant Place 15,000/- 45,000/- PR Chetty New No.41, Old No.19, S.M.M.Street, Chennai - 1.

sq ft Dilapidated Building 33,750/- 1,01,250/- MM Charities 56, Pycrofts Road,1st Street, Royapettah, Chennai - 14.

sq ft Old building 15,000/- 45,000/-

Iyyapillai Charities No.29, Singarachari Street, Chennai-5.

sq ft Choultry 93,750/- 2,81,250/- Ponnnambala m Pillai No.23, Kanakkar Street, Chennai - 19.

sq ft (GF) Shop 6,000/- 18,000/- Moonjalore Lakshmaiah Chetty No.6, South Prakaram Street, TH Road, Chennai - 19.

sq ft (Old House & Vacant Place) 26,250/- 78,750/- Batchu Munusamy Chetty No. 58, St.Xavier Street, Chennai - 1.

sq ft (Shop) Shop 15,000/- 45,000/- MM Charities No.173, Pycrofts Road, 1st Street, Royapettah, Chennai - 14.

sq ft Old Building Vacant Place 2,36,000/- 7,08,000/- K Rangammal No.125, Audiappa Naicken Street, Chennai - 1.

sq ft (GF) Old Building(Co mmercial) 1,16,000/- 3,48,000/- N.V.Ammal No.42, S.M.M.Lane, Chennai - 1.

sq ft House 7,200/- 21,600/- N.V.Ammal No.14, Karuppannan Street, Chennai - 1.

sq ft Old Building (House) 27,700/- 83,100/- MM Achari No. 28, Paramasiva Chetty Street, Chennai-1.

Bhavanandam Academy No.68, Jermiah Road, Vapery, Chennai - sq ft Old Building (Commerc ial) 3,20,000/- 9,60,000/- MOPL Charities No. 910, Thiruvottiyur High Road, Chennai - 19.

Vacant Place Commerci al 12,700/- 38,100/- sq ft C.K. Naidu Lands at Ayanambakkam Lands, Chennai - 35.15AcreCommerci al 14,25,531/ - 42,76,593/ - 54.87 Acres 19.72 AcreAgriculture 4,37,192/- 13,11,576/ - MM Charities No.10, Mohandas Lane Border Garden, Chennai - 14.

sq ft Old Building (House) 23,500/- 70,500/- TV Rao No.32, Veerappan Street, Chennai - 1.

sq ft Shop 3,350/- 10,050/- TV Rao No.32, Veerappan Street, Chennai - 1.

sq ft Shop 11,300/- 33,900/- S.S. Pillai No.10, Venkatesa Gramini Street, Chindadripet, Chennai - 3 sq ft Old Building 32,500/- 97,500/- Vaduvambal No.21, Periyanna mudali Street, Chennai - 1.

sq ft Vacant Place 36,580/- 1,09,740/- Govindasamy Chetty No.12, Ramasamy Mesthri Street, Triplicane, Chennai-5.

sq ft Vacant Place 11,655/- 34,965/- MKA No.63,64,65, East Mada Street, Thiruporur 236 Sq.

Ft Vacant Place 55,000/- 1,65,000/- 5.

The Administrator General and Official Trustee further submits that the above referred upset price for monthly rent has been arrived to the nearest thousand denomination on the

basis of considering the extent and rate per Sq. Ft. calculation.

The Administrator General and Official Trustee further submits that since these properties are kept idle without any income it is better to lease out the property with the moderate upset price for monthly rent for the reasons once the property is taken by lease, and during the renewal time, the rent may be enhanced substantially considering the market value and other relevant aspects at that time.

The AG & OT further submits that there are instances that the AG & OT is unable to collect the arrears of rent, water charges, electricity charges in huge amount once the tenants vacate and their whereabouts are not known to the AG & OT. Even after earnest effort taken, the whereabouts of the tenants would not be traced out. In view of the above, the AG & OT is of the firm opinion that an adequate caution deposit in addition to security deposit may be received from the tenants at the time of entering into a lease / rental agreement. It would be in a better position to adjust the caution deposit towards the arrears of rent, water charges and electricity charges due if any. The experience shows that in most of the cases, no immediate action was initiated in the past when the tenants committed default to pay the monthly rent. If an action could have been taken at the earliest point of time there

could be chances either to recover the arrears of rent, water and electricity bill charges or to recover vacant possession. Even to that aspect it would normally take minimum a year period to get anything to be done.

The AG & OT further submits that sec.11 of the Tamil Nadu Regulation of Right and Responsibilities of Landlords and Tenants Act, 2017 directs that maximum of 3 times of monthly rent may be received as security deposit. In the same line of analogy, the AG & OT may be permitted to receive 3 months' rent as security deposit (Rental Advance). In addition to that 7 times of monthly rent may be collected as caution deposit for the purpose of if any arrears of rent or damages for use and occupation or damages for the building and the same be adjusted from the deposits without heavy loss to the office of the AG & OT. Altogether 10 months' rent may be collected as security deposit and caution deposit. 9.

The AG & OT further submits that in view of the above, for quick and better administrative reason, a comprehensive single application is filed seeking permission of this Hon'ble Court to grant permission for paper

publication to conduct public auction to know the general public and followed by call for tender, then to conduct public auction in the office of AG & OT, and thereafter, file a report before this Hon'ble Court for confirmation etc. 10.

It is submits that in view of the above, the applicant has proposed to effect paper publication in Daily Thanthi in Chennai Edition for letting out the above said properties through public auction by way of calling tenders from the general public in Chennai It is further proposed to issue auction application with terms & condition to the general public at the cost of Rs.200/- each and thereafter to conduct the public auction in the office. On completion of the auction procedure a report would be filed before this Hon'ble Court for confirmation of the highest bidders.

11.

The AG & OT further submits a draft paper publication advertisement is marked as Exhibit D1 and the application with terms and conditions to participate in the public auction is marked as Exhibit D2.

12.

The AG & OT further submits that a draft paper publication advertisement, application, terms and conditions to participate in the public auction are enclosed along with this application. For considering paper publication cost, all

the properties are included in this application for a single paper publication. Total paper publication cost and other incidental cost for this work is to be proportionately met out from all the concern trust estates."

4.I am satisfied with the averments stated in the report filed in support of the above applications. Accordingly, the applications are allowed. The learned AG & OT is permitted to effect paper publication in one issue of "Dinathanthi" in Chennai Edition, mentioning the details of the auctions. Sd./-M.D.J 29.04.2022 //Certified to be true copy// Dated at Madras this the day of 2022.

COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.