Madras High CourtA/2227/2022ordered

Administrator General And Official Trustee Of Tamilnadu v. Nil

2022-06-17Honourable Mr Justice M.Duraiswamy14 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 17th DAY OF JUNE 2022 THE HON'BLE MR. JUSTICE M.DURAISWAMY A.No.2227 of 2022 The Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai- 600 104.

.. Applicant Application praying that this Hon'ble Court be pleased to confirm the total extent of the Ayanambakkam lands may be combined together for commercial purpose alone. With an increased upset price fixed by Rs.20,00,000/- (Rupees Twenty Lakhs Only) This application coming on this day before this Court for hearing in the presence of Mr.M.Jagadeesan, Additional Deputy Administrator General and Official Trustee of Tamil Nadu, the applicant herein appearing in person, and upon reading the Judges Summons and the report of the Administrator General and Official Trustee of Tamil Nadu filed herein, and the order dated 29.04.2022 made in A.Nos.1955 and 1956 of 2022,

it is ordered :

That the Administrator General and Official Trustee of Tamil Nadu, the applicant herein be and is hereby permitted to combine the total extent of the Ayanambakkam lands together for commercial purpose alone with an increased upset price fixed by Rs.20,00,000/- (Rupees Twenty lakhs only). WITNESS THE HON'BLE MR.JUSTICE MUNISHWAR NATH BHANDARI CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 17th DAY OF JUNE 2022.

Sd./- ASSISTANT REGISTRAR (O.S-II) //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 23.06.2022 A.No.2227 of 2022

ORDER

DATED: 17.06.2022 THE HON'BLE MR.JUSTICE M.DURAISWAMY FOR APPROVAL: 24.06.2022 APPROVED ON : 24.06.2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

.. Applicant Application praying that this Hon'ble Court be pleased to confirm the total extent of the Ayanambakkam lands may be combined together for commercial purpose alone. With an increased upset price fixed by Rs.20,00,000/- (Rupees Twenty Lakhs Only) These applications 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 above application seeking confirmation as to whether the total extent of the Ayanambakkam lands may be combined together for commercial purpose alone with an increased

upset price fixed by Rs.20,00,000/- (Rupees Twenty lakhs only).

2.In support of the prayer sought for in the above application, the learned AG & OT has filed a report dated 14.06.2022, wherein, it has been stated as follows :

"The Administrator General and Official Trustee of Tamil Nadu [AG & OT] submits that as per the orders dated 29.04.2022 of this Hon'ble Court in A.Nos. 1955 & 1956 of 2022 [D1] the AG & OT was permitted to effect paper publication in one issue of " Daily Thanthi" in Chennai edition mentioning the details of letting out the Trust properties through public auction.

The AG & OT further submits that in pursuance of the said order the AG & OT had advertised the public notice in the Chennai edition of Daily Thanthi on 01.05.2022 calling for sealed tenders from the public for all the 39 vacant properties. The copy of the paper publication is marked as Exhibit [D2]. In response to the advertisement, this office had received the offers from various bidders only for 12 scheduled properties and there were no bidders for the remaining 27 properties proposed for auction.

The AG & OT further submits that the public auction was conducted on the scheduled dates for 39 properties from 25.05.2022 to 03.06.2022 and accepted the highest bidder subject to the confirmation by this Hon'ble Court. The details of the public auction conducted are tabulated below for better appreciation.

Address of the Property Upset Price EMD in Rs Highest Bid Amount Name of the Highest Bidder Auction date (3) (6) (7) No.51 &52, Moore 35,000/- 1,05,000/ - 35,500/- P.

Koteeswa ran 25.05.20 Street, Chennai -1 No.47 Moore Street, 1,10,000/ 3,30,000/ - No bidder 25.05.20 Chennai - 1.

No.47 Moore Street, 8,500/- 25,500/- 8,700/- 25.05.202 25.05.20 Chennai - 1.

No.47 Moore Street, 26,400/- 79,200/- No bidder 25.05.20 Chennai - 1.

No.47 Moore Street, 45,000/- 1,35,000/ - No bidder 25.05.20 Chennai - 1.

No.7, Acharappan Lane, Chennai -1 7,400/- 22,200/- 17,500/- A.Raghav endra 26.05.20 No.7, Acharappan Lane, Chennai - 1.

46,000/- 1,38,000/ - No bidder 26.05.20 151, Aathiyappa Naicken Street, Chennai - 1.

25,000/- 75,000/- 66,000/- N.Kalyan araman 26.05.20 No.189, NSC Bose Road, Chennai - 1 1,08,750/ - 3,26,250/ - 1,09,000/ Khasali & Peer Anees Raj 26.05.20 No.15, Thatha Muthiappan Street, Chennai - 1.

3,750/- 11,250/- 10,200/- K.R.Apri nji 26.05.20 No.15, Thatha Muthiappan Street, Chennai - 1.

2,500/- 7,500/- 5,000/- K.R.Apri nji 27.05.20 No.18, Swamy Thiruneelagan dan Street, Chennai - 1.

6,000/- 18,000/- No Bidder 27.05.20

No.79, Prakasam Road, (Broadway), Chennai-1.

75,000/- 2,25,000/ - No Bidder 27.05.20 No.80 , Prakasam Road, (Broadway), Chennai - 1.

97,000/- 2,91,000/ - No Bidder 27.05.20 New No.6, Old No.1, Narayana Chetty Lane, Chennai - 1.

22,500/- 67,500/- No Bidder 27.05.20 No.14, SMM Lane, 15,000/- 45,000/- No bidder 30.05.20 Chennai - 1.

New No.41, Old No.19, S.M.M.Street, Chennai - 1.

33,750/- 1,01,250/ - No bidder 30.05.20 56, Pycrofts Road,1st Street, Royapettah, Chennai - 14.

15,000/- 45,000/- No bidder 30.05.20 No.29, Singarachari Street, Chennai-5.

93,750/- 2,81,250/ - No bidder 30.05.20 No.23, Kanakkar Street, 6,000/- 18,000/- No bidder 30.05.20

Chennai - 19.

No.6, South Prakaram Street, TH Road, Chennai - 19.

26,250/- 78,750/- No bidder 31.05.20 No.

58, St.Xavier Street, Chennai - 1.

15,000/- 45,000/- No bidder 31.05.20 No.173, Pycrofts Road, 1st Street, Royapettah, 2,36,000/ - 7,08,000/ - No bidder 31.05.20 Chennai - 14.

No.125, Audiappa Naicken Street, Chennai - 1.

1,16,000/ - 3,48,000/ - 2,15,000/ - Bhagavat hi 31.05.20 Devi No.42, S.M.M.Lane, 7,200/- 21,600/- No bidder 31.05.20 Chennai - 1.

No.14, Karuppannan Street, Chennai - 1.

27,700/- 83,100/- No bidder 01.06.20 No.

28, Paramasiva Chetty Street, Chennai-1.

28,000/- 84,000/- 29,000/- Ramlal Solanki 01.06.20 No.246, Ramakrishna 3,98,500/ - 11,95,50 0/- No bidder 01.06.20

Mutt Road, Mylapore, Chennai - 4 No.239, Ramakrishna Mutt Road, Mylapore, Chennai - 4 2,82,525/ - 8,47,575/ - No bidder 01.06.20 No.68, Jermiah Road, 3,20,000/ - 9,60,000/ - No bidder 01.06.20 Vapery, Chennai - 7 No.

910, Thiruvottiyur High Road, Chennai - 19.

12,700/- 38,100/- 30,000/- Aruldasa n 02.06.20 Lands at Ayanambakka m Lands, Chennai - 95 14,25,53 1/- 42,76,59 3/- Auction discontinued due to clarification for bifurcation of the property 02.06.20 02.06.20 4,37,192/ - 13,11,57 6/- No.10, Mohandas Lane Border Garden, Chennai - 14.

23,500/- 70,500/- No bidder 02.06.20 No.32, Veerappan Street, Chennai - 1.

3,350/- 10,050/- 3,500/- Iruthayar aj 02.06.20

No.32, Veerappan Street, Chennai - 1.

11,300/- 33,900/- 11,400/- Iruthayar aj 02.06.20 No.10, Venkatesa Gramini Street, Chindadripet, 32,500/- 97,500/- No bidder 03.06.20 Chennai - 3 No.21, Periyanna mudali Street, Chennai - 1.

36,580/- 1,09,740/ - No bidder 03.06.20 No.12, Ramasamy Mesthri Street, Triplicane, Chennai-5.

11,655/- 34,965/- No bidder 03.06.20 No.63,64,65, East Mada Street, Thiruporur 55,000/- 1,65,000/ - No bidder 03.06.20 5.

The AG & OT further submits that no tenders were received for the properties in Sl. Nos. 2, 4, 5, 7, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 28, 29, 30, 32, 33, 36, 37, 38 and 39 respectively. As per the terms and conditions the bidder for Sl. Nos 1, 3, 6, 8, 9, 10,11,24,27,31,34 and 35 who knocked down the auction with the highest bid have submitted their 3 years Income Tax return filing / Bank Statements along

with their applications.

The AG & OT further submits that the Income Tax were verified to know whether they are capable to pay rent once the lease is confirmed and the above 12 bidders were found eligible.

It is further submitted that, among the 12 highest bidders serial No.6 Tr. Ragavendra has given a letter stating that he is withdrawing from the auction and has requested to refund his EMD amount of Rs.22,200/- deposited by him.

It is further submitted that the auction for Serial No.32 Ayanambakkam Lands was discontinued as there was a contradiction in allocation of the total land extent which was combined with both commercial & agricultural lands with a total extent of 54.87 Acres (35.15 Acres for commercial & 19.72 Acres) between the two bidders who had participated in the auction and the highest bid amount came upto Rs.56,00,000/- for the commercial lands alone. Both the bidders who had participated in the auction has not raised any objection as to the upset price fixed. Hence, reduction in respect of Serial No. 32 need not be reduced. 9.

It is further submitted that the total extent lie as one plot. Hence, the division of land as commercial and Agricultural

need not be made. The total extent can be auctioned for commercial purpose and upset price may be fixed at Rs. 20,00,000/- per annum.

10.

The AG & OT further submits that the highest bidders for the properties are in Sl. Nos. 1, 3, 6, 8, 9, 10, 11, 24, 27, 31, 34 and 35 may be confirmed with direction to the applicant to execute 11 months lease agreement in favor of the highest bidders to the respective properties by collecting 3 months of security deposit and 7 months of caution deposit as the procedure adopted so far or as decided by the applicant, as the case may be.

Brief details are:

01.

Total properties brought for auction 02.

Bid received for total properties 03.

No bid received for properties 04.

Bidder withdrawn from the auction 11.

The AG & OT further submits that there were no bidders for 27 properties. This may be due to the upset price being high for the said properties. It is submitted that the buildings available in the properties are very old and in dilapidated condition. Unless the upset price is reduced

general public won't be interested to participate in auction. Hence, the AG & OT may be permitted to reduce the upset price for the above mentioned properties at least by 50%. Except the property mentioned in Serial No. 32." 3.I am satisfied with the averments stated in the report filed in support of the above application. Accordingly, the above application is allowed. The learned AG & OT is permitted to combine the total extent of the Ayanambakkam lands together for commercial purpose alone with an increased upset price fixed by Rs.20,00,000/- (Rupees Twenty lakhs only). Sd./-M.D.J 17.06.2022 //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.