M.Ramlal Solanki v. The Official Trustee And Administrative General Of Tamil Nadu
A NO. 5553 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2025
CORAM
THE HONOURABLE MR JUSTICE S. S. SUNDAR A NO. 5553 of 2023 AND A NO. 5554 OF 2023 M.Ramlal Solanki Door No.29/17, paramasiva Chetty Street, Chennai 600 003. Applicant(s) Vs The Official Trustee and Administrative General of Tamil Nadu City Civil Court Building, Chennai 600 104.
Respondent(s) A NO. 5554 of 2023 M.Ramlal Solanki Door No.29/17, paramasiva Chetty Street, Chennai 600 003. Applicant(s) Vs The Official Trustee and Administrative General of Tamil Nadu City Civil Court Building, Chennai 600 104.
Respondent(s) A NO. 5553 of 2023 For Applicant(s):
M/s.N.J.Sagayaraj N.S.Rachel Catherine For Respondent(s):
Mr.D.Lingeswaran The Administrative General And Official Trustee Of Tamil Nadu
A NO. 5554 of 2023 For Applicant(s):
M/s.N.J.Sagayaraj N.S.Rachel Catherine For Respondent(s):
ORDER
The applicant herein is the tenant under the respondent in respect of the property bearing Door No.28, Paramasiva Chetty Street, Chennai - 600 003. The applicant has taken out the aforesaid applications for the following reliefs : A) A.No.5553 of 2023 was filed seeking permission to demolish the existing old structure and to reconstruct a new building; and B) A.No.5554 of 2023 was filed seeking a direction to the respondent to grant lease deed for three years.
2. On 03.10.2024, this Court passed the following order :
1. Learned AG&OT today submitted a Memo dated 03.10.2024 stating that Termination Notice dated 18.09.2024 has been issued to the applicant indicating the fact tht tenancy of the applicant had been terminated with effect from 15.10.2024. In the same notice, the tenant/applicant is directed to hand over possession of the premises on or before 15.10.2024 and to pay arrears of rent. Till date, the tenant has neither handed over possession nor paid the arrears of rent or damages for use and occupation of the premises.
2. In view of the fact that tenancy has been terminated, learned AG&OT is directed to take possession of the premises after due intimation to the tenant. It is also open to learned AG&OT to seek necessary assistance from the police, if required, for the purpose of securing the possession as per the direction of this Court.
3. The building is reported to be in a dilapidated condition. Therefore, learned AG&OT is directed to take necessary steps for demolition of the building at the earliest. Before securing possession of the property, learned AG&OT is also directed to apply for plan approval after getting necessary opinion and advise from
an Architect and Builder to seek building plan approval utilising the FSI to get maximum built up area.
3. Today, when the matter is taken up for hearing, the learned AG&OT submitted that the demolition of the building is underway and it will be completed in two day's time. He also submitted that the Office of the respondent is in the process of advertising to lease out the property, for which process, they are engaged in the process of collecting data i.e., market value and other features which are required to be published in the advertisement/notification.
4. The learned AG&OT produced before the Court the letter dated 25.02.2025 which he had received from one V.S.Bhasker, who is an engineering contractor. He had shown interest to take the property on a long lease for a sum of Rs.50,000/- per month plus GST for 30 years and also he intends to put up a building with a ground + 2 floors by investing around Rs.1.25 crores in the said property. He also assured to complete the structure within a period of six months. The builder in his letter also agreed to pay 10% increase of the lease amount for every three years. He also offered to pay an advance of Rs.5.0 lakhs to AGOT, upon he receiving an approval from AGOT in connection with his offer letter dated 25.05.2025.
5. Since this Court vide order dated 20.02.2025 had directed the AG&OT to submit a report and the same was not received till date, this Court, however, recording the submissions made by the learned AG&OT that the demolition of the property in question is underway and AG&OT proposed to lease out the property to a prospective lessee through proper advertisements, nothing survives for consideration in these applications and accordingly, both the applications stand closed. This Court also directs
the AG&OT to consider the offer of the aforesaid individual, while advertising the lease of the property.
27-02-2025 Internet : Yes / No ds