Saravana Sundari @ P. Vanthana v. The Official Assignee
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-01-2025
CORAM
THE HONOURABLE MR JUSTICE S. S. SUNDAR A No. 5118 of 2024 in A No. 854 of 2022 Saravana Sundari @ P. Vanthana W/o.Prakash, 42/18, Saiva Muthiah Lane, Muthaiyalu Pettai, Chennai 600 016.
Applicant(s) Vs The Official Assignee Office of General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104.
Respondent(s) A NO. 854 of 2022 Saravana Sundari @ P. Vanthana W/o.Prakash, 42/18, Saiva Muthiah Lane, Muthaiyalu Pettai, Chennai 600 016.
Applicant(s) Vs Other Departments (TN) THE OFFICIAL TRUSTEE Office of the Administrator of General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104.
Respondent(s) A NO. 5118 of 2024 For Applicant(s): M/s.K.Gajendiran 1/4
For Respondent(s): Mr.N.Ramanathan AG & OT
ORDER
This application is filed to condone the delay of 447 days in filing the petition to set aside the ex parte order dated 22.02.2023 passed in A.No.854 of 2022 in C.S.No.363 of 1912.
2. Earlier the petitioner has filed an application in A.No.854 of 2022 to remove the sealed lock of the applicant's tenanted premises and permit the applicant to reside in the schedule mentioned property. After taking note of the report filed by the learned AG & OT, this Court came to the conclusion that the applicant is entitled to retain the portion which she had already sub-let. Therefore, A.No.854 of 2022 is closed. In the same order, A.Nos.1358 to 1360 of 2022 filed by AG & OT were allowed and permission was granted to take vacant possession of the premises.
3. In view of the above facts and circumstances, this Court finds no merit in this application for condonation of delay of 447 days. Apart 2/4
from that, learned AG & OT has informed this Court that the possession has already been taken from the applicant. As the application is bereft of particulars and the applicant has not stated adequate reason for filing the application with inordinate delay, this application is liable to be dismissed.
Accordingly, this application is dismissed. Learned AG & OT shall now proceed to issue paper publication inviting offers from prospective tenants, who may be interested in taking the property on lease for a reasonable rent. Learned AG & OT is directed to issue proper paper publication without further delay. It may be mentioned in the advertisement that this Court has to approve the terms and to confirm the lease. Meanwhile, the learned AG & OT is directed to get the valuation done by competent valuers who has reasonable experience in assessing the market value as well as the market rent.
30-01-2025 gpa 3/4
S. S. SUNDAR.J., gpa A No. 5118 of 2024 in A No. 854 of 2022 30.01.2025 4/4