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Madras High CourtA/2293/2022disposed of

Ramamorthy Thiruvenkadam v. The Administrator General And Official Trustee Of Tamilnadu

2025-03-06Honourable Mr Justice S. S. Sundar5 pages

S.S.SUNDAR, J.

Application No.2293 of 2022 has been filed to direct the learned Administrator General and Official Trustee of Tamil Nadu to grant permission and no objection for applying for regularisation of a community hall constructed in the year 2017 in the premises at No.274/275, Gobi Sathy Main Road, Kutchery Street, Gobichettipalayam - 638 452, Erode District.

2. Application No.2294 of 2022 has been filed to direct the learned Administrator General and Official Trustee of Tamil Nadu, to lease out the said land belongs to Sri Palaniappa Chettiar and Rangammal Trust, at 274/275, Gobi Sathy Main Road, Kutchery Street, Gobichettipalayam 638 452, Erode District in Survey No.149, Block A-14, TS No.30 and 31 of total extent of vacant land rented 541⁄2 cents to this applicant for a considerable period to the applicant.

3. Application No.2295 of 2022 has been filed to direct the learned Administrator General and Official Trustee of Tamil Nadu to grant permission for renovation and maintenance work of existing old construction. Page 1/5

4. The applicant in all the three applications has become a tenant under the learned Administrator General and Official Trustee of Tamil Nadu with effect from 01.01.2019 and the tenancy is renewed periodically.

5. Learned Administrator General and Official Trustee of Tamil Nadu has filed a memo of calculation. The learned counsel for the applicant has not disputed the calculation memo as submitted by the learned Administrator General and Official Trustee of Tamil Nadu, which states that the rent payable from 01.07.2022 to 31.05.2023 is Rs.62,700/- per month. Similarly rent payable for the period from 01.06.2023 to 30.04.2024 is Rs.68,970/- and the rent for the period from 01.05.2024 to 31.03.2025 is Rs.75,867/-, as per the working sheet exchanged and agreed between the parties. The applicant has agreed to pay the rent and the rental advance difference. Since the tenant was making the actual payment as found in the statement, the learned Administrator General and Official Trustee of Tamil Nadu has indicated that a sum of Rs.6,85,710/- is payable as on 28.02.2025. Similarly, a sum of Rs.3,500/- towards Admin charges for delayed payments is also admitted. Page 2/5

6. Considering the facts and the submissions of the learned senior counsel appearing for the applicants, this court directs the learned Administrator General and Official Trustee of Tamil Nadu, to execute a fresh lease deed, which should contain the undertaking of the tenant to pay the rent at the rate of Rs.75,867/- per month upto 31.03.2025. The tenant shall execute a fresh lease deed with effect from 01.04.2025 agreeing to pay at the rate of Rs.1,00,000/- per month.

7. The learned senior counsel submitted that since the applicants seeks lease for a period of 10 years, a reasonable enhancement may also be permitted. The learned senior counsel appearing for the applicant submitted that the tenant has agreed to pay the arrears of rent to the tune of Rs.6,89,210/- in three equated monthly installments. The tenant is also agreeable for enhancement of rent at the rate of 8% every year till the expiry of 10 years of lease period or the lease is terminated. Necessary document may also be prepared by the learned Administrator General and Official Trustee of Tamil Nadu. After the execution of the lease deed as indicated above, the learned Administrator General and Official Trustee of Tamil Nadu shall consider for regularisation, grant of permission and no objection for renovation etc. Page 3/5

8. All the applications are disposed of with the above directions. 06.03.2025 Asr Page 4/5

S.S.SUNDAR, J.

Asr 06.03.2025 Page 5/5