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Madras High CourtA/1903/2025allowed

Administrator General And Official Trustee Of Tamil Nadu v. Vishal S Ved

2025-04-09Honourable Mr Justice S. S. Sundar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-04-2025

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR AND A NO. 1904 OF 2025

1. Administrator General and Official Trustee of Tamil Nadu High Court Campus, Chenai 600 104.

Applicant(s) Vs

1. Vishal S Ved Residing at Flat No.1602, 16th Floor,K Block, KLP Abhinandan Apartment, No.30, Perambur Barracks Road, Pattalam, Chennai 600 012.

Respondent(s) A No. 1904 of 2025

1. Administrator General and Official Trustee of Tamil Nadu High Court Campus, Chenai 600 104.

Applicant(s) Vs

1. Vishal S Ved

Residing at Flat No.1602, 16th Floor,K Block, KLP Abhinandan Apartment, No.30, Perambur Barracks Road, Pattalam, Chennai 600 012.

Respondent(s) PRAYER To confirm the public auction of Shop No.5, 7 and 8 in favour of Mrs.Gulab R.Balar, the Highest bidder for all the three shops with a direction to the highest bidder to pay 3 months of security deposit and 7 months of caution deposit amount within fifteen days from the date of order and thereafter execute lease/rental agreement in the favour for a period of two years. A No. 1904 of 2025 PRAYER To fix the minimum monthly rent/upset price at Rs.1,00,000/- for Shop Nos.1 and 2 at Rs.35,000/- for Shop Nos.3 and 4 and Rs.20,000/- for shop no.6. For Petitioner:

Mr.D.Lingeswaran Administrator General and Official Trustee of Tamil Nadu in both applications For Respondent:

Mr.A.Neeraj COMMON ORDER A.No.1903 of 2025 is filed to confirm the public auction of Shop Nos.5, 7 and 8 in favour of Mrs.Gulab R.Balar, the highest bidder for all the three shops,

with a direction to the highest bidder to pay 3 months of Security Deposit and 7 months of Caution Deposit amount within 15 days from the date of order and thereafter, execute lease/rental agreement in her favour for a period of two years.

2.A.No.1904 of 2025 is filed to fix the minimum monthly rent/upset price at Rs.1,00,000/- for Shop Nos.1 and 2 at Rs.35,000/- for Shop Nos.3 and 4 and Rs.20,000/- for Shop No.6.

3.The learned AG & OT has filed a report dated 08.04.2025 inter alia stating that the auction was conducted in respect of the 8 Shops which were constructed by the respondent. It is not in dispute that the learned AG & OT is the sole custodian and Trustee of the Trust Estate of Jamunabai and the Trust Estate is being managed by the learned Official Trustee as per the Will dated 28.09.1905 and as per the Scheme Decree dated 03.07.1964. The respondent was permitted to put up a construction in the property at Door No.52/64, Perumal Mudali Street, Sowcarpet, Chennai - 1, by order in A.No.3211 of 2022

dated 22.02.2023. The respondent constructed 7 shops and an additional shop was also carved out in the pathway leading to Mint Street. All the 8 Shops were advertised for lease. Accordingly, the learned AG & OT reports that auction was conducted on 26.03.2025. The details of the auction conducted on 26.03.2025 is given in Para No.5 of the report. It is seen that except Shop Nos.5, 7 and 8, no offer was received for other 5 Shops. Therefore, the learned AG & OT has stated that the auction may be confirmed in respect of three Shops, viz., Shop Nos.5, 7 and 8 which have received the offer for more than upset price. Similarly, as per the terms and conditions of the offer, the highest bidder has to pay 3 months rent towards Security Deposit and 7 months rent towards Caution Deposit within 15 days from the date of confirming the bid. 4.

Therefore, the application in A.No.1903 of 2025 is allowed and the auction in respect of Shop Nos.5, 7 and 8 is confirmed in favour of Mrs.Gulab R.Balar, the highest bidder for all the three shops, and the highest bidder/Mrs.Gulab R.

and thereafter, the learned AG & OT is directed to execute lease/rental agreement in her favour for a period of two years. 5.In respect of Shop Nos.1 to 4 and 6, it is stated that there was no bidder probably due to higher price quoted in the tender. Therefore, the learned AG & OT seeks permission to revise the upset price fixed in the advertisement. The learned AG & OT, after making local enquiry, is convinced that there are no takers for the 5 Shops at the rates fixed in view of the fact that the access to these Shops are from Perumal Mudali Street, which is a narrow street. Therefore, A.No.1904 of 2025 is allowed and the learned AG & OT is permitted to fix the minimum monthly rent/upset price at Rs.1,00,000/- for Shop Nos.1 and 2 at Rs.35,000/- for Shop Nos.3 and 4 and Rs.20,000/- for Shop No.6, and go for public auction once again.

09-04-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes mkn

S.S.SUNDAR J.

mkn AND A NO. 1904 OF 09-04-2025