Administrator General And Official Trustee Of Tamil Nadu v. Nil
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07-04-2025
CORAM
THE HONOURABLE MR JUSTICE S. S. SUNDAR
1. Administrator General and Official Trustee of Tamil Nadu High Court Campus, Chennai - 600 104.
Applicant(s) Vs
1. Nil nil Respondent(s) For Applicant Mr.D.Lingeswaran, AG&OT
ORDER
(1)This application is filed by learned AG&OT seeking permission to publish auction notice in any one of the issues of Tamil and English newspapers having wide circulation and make publication in social media platforms and
websites, regarding the public auction to be held in respect of seven parcels of land with upset price/minimum annual lease value specified against each of the seven parcels of land measuring a total extent of about 52 acres situated at Ayanambakkam Village, Poonamallee Taluk, Tiruvallur District belonging to C.Kandasamy Naidu Trust which is under the management and administration of the AG&OT of Tamil Nadu.
(2)In the report filed by learned AG&OT, it is stated that the Trust Estate of C.Kandasamy Naidu is one of the Trust Estates which is administered as per the judgment in OP.No.278/1948 dated 05.10.1948. The property is located in Ayanambakkam Village, Poonamallee Taluk, Tiruvallur District which is in a prime locality, conducive for any business, industry or institution. Learned AG&OT has spent about Rs.50 lakhs in levelling the ground, fencing the 7 parcels of the land and for mapping and incidental expenses. (3)M/s.Apex Topomappers Private Limited has been engaged to topomap and survey the entire property at a cost of Rs.1,81,301/-. Similarly, as per the direction of this Court, M/s.Hi-Tech Valuers LLP has been engaged at a cost of Rs.1,80,000/- to study and assess the market value for fixing appropriate
annual rental value for long term lease of all the 7 parcels of land. This Court is also aware of the fact that a few offers have come from institutions / organizations and individuals in respect of specific parcels of land. Considering the fact that the property is lying in seven different lots, having access from different roads, it is decided that the property should be advertised and auctioned in seven lots.
(4)Considering the fact that the market value of the property is between Rs.1000 Crores and Rs.1400 Crore, this Court finds it appropriate to appoint Hon'ble Mr. Justice K.KANNAN, Former Judge, Madras High Court [Retired from Punjab and Haryana High Court] having Office at No. 3/11, Lakshmi Colony, North Crescent Road, T.Nagar, Chennai 600 017, as Judge Commissioner to prepare Auction Notification to be published and the terms and conditions of the proposed lease.
(5)Learned AG&OT is specifically directed to furnish all particulars relating to the property and the offers, the learned AG&OT had received apart from orders passed by this Court. The Judge Commissioner is entrusted to prepare the terms and conditions of the prospective lease and the eligibility criteria
required for the prospective applicants, so that there will be some screening to avoid unnecessary delay. It is noticed that five blocks of lands are classified as 'agricultural' as per Master Plan. However, we have consulted the concerned authorities and CMDA officials and found that re-classification is permissible as adjoining lands had already been reclassified. It shall be mentioned in the Auction Notification that re-classification will be done at the cost of lessor in due course.
(6)The lease can be either for a period of thirty years with renewal clause for another thirty years subject to revision of rent and other conditions that may be required to protect the interest of the Trust Estate. Similarly, learned Judge/Commissioner may also find out the feasibility and possibility of going for longer term lease for 99 years after getting opinion from experts and considering the pros and cons of such proposal. (7)I have personally inspected the property on many occasions and consulted various persons who are experts in the field regarding development and best use of the property. The valuation done by the independent agency, namely M/s.Hi-Tech Valuers LLP, and the annual rent / lease amount suggested,
seems to be very low and therefore, it is not accepted. The annual rent cannot be less than the offer which had already been received from institutions/organizations and individuals in respect of several parcels of land. (8)As suggested by learned AG&OT in paragraph No.6 of the report, the minimum annual rent/upset price shall be the amount in respect of the properties mentioned therein.
(9)Accordingly, this application is ordered and the learned AG&OT is permitted to publish auction notice in two new dailies, one in English language and another in vernacular language, having wide circulation in Chennai, Coimbatore and Madurai areas and in all social media platforms including websites, regarding the public auction to be held in respect of seven parcels of land with upset price/minimum annual lease value specified against each of the seven parcels of land measuring a total extent of about 52 acres situated at Ayanambakkam Village, Poonamallee Taluk, Tiruvallur District belonging to C.Kandasamy Naidu Trust which is under the management and administration of the AG&OT of Tamil Nadu, after the receipt of report from the learned Judge / Commissioner.
(10)The learned AG&OT is directed to pay an initial remuneration of Rs.1,00,000/- [Rupees One Lakh only] to the learned Judge/Commissioner from and out of the funds of C.Kandasamy Naidu Trust.
07-04-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes COPY TO:- Hon'ble Mr. Justice K.KANNAN [Retd] Office at No.3/11, Lakshmi Colony North Crescent Road, T.Nagar Chennai 600 017.
To
1. Administrator General and Official Trustee of Tamil Nadu High Court Campus, Chennai - 600 104.
S.S.SUNDAR J.
AP 07-04-2025