The Arc School Board v. The Official Trustee Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06-03-2025
CORAM
THE HONOURABLE MR JUSTICE S. S. SUNDAR AND A NO. 3702 OF 2021,A NO. 3703 OF 2021
1. The ARC School Board Rep.by its President, Dr.V.Balu Ph.D., 26, Saiva Muthaiah Mudali Street, Muthialpet, Chennai 600 001.
Applicant(s) Vs
1. The Official Trustee of Tamil Nadu High Court Campus, Chennai 600 104.
Respondent(s) A No. 3702 of 2021
1. The ARC School Board Rep.by its President, No.26 Saiva Muthiah Mudali Street, Muthialpet, Chennai 600 001.
Applicant(s) Vs
1. The Official Trustee of Tamil Nadu
Respondent(s) A No. 3703 of 2021
1. The ARC School Board Rep.by its President, No.26 Saiva Muthiah Mudali Street, Muthialpet, Chennai 600 001.
Applicant(s) Vs
1. The Official Trustee of Tamil Nadu Respondent(s) For Applicant(s):
M/s.K.Chockalingam C.Meena G.Keerthana S.E.Reethika For Respondent(s):
Mr.D.Lingeswaran Administrator General Of Tamil Nadu COMMON ORDER (1)The above applications are filed by the existing tenants to direct the learned AG&OT to renew the lease for a further period of five years in respect of three different premises mentioned in the applications. (2)Even though this Court has earlier passed certain orders directing the learned AG&OT to take possession of the properties and to go for fresh auction, as the tenant was not agreeable earlier to pay a reasonable lease amount, learned
counsel appearing for the tenant has now come forward with a proposal which appears to be reasonable.
(3)The applicant in A.Nos.3702 and 3703/2021 is running a School with 450 girl students. The staff strength of the school is approximately 40. (4)Learned AG&OT, on personal inspection, confirmed the fact that the school also caters to the needs of poor and unprivileged population in semi-urban areas, however within the city limit.
(5)The School has now submitted a proposal that they would pay double the existing rent on the expiry of three years as per the three lease agreements executed on different dates.
(6)Considering the fact that the school is in existence for a long number of years and it serves poor students in the locality, this Court finds the quantum reasonable.
(7)Balancing between the interest of the Trust estate and the public purpose for which the School is meant for, the lease amounts are revised accordingly as agreed by the tenant.
(8)In the course of hearing, the learned counsel for the tenant expected a little concession from this Court taking into account the liability to pay the amount with retrospective effect.
(9)Therefore, this Court, though the total amount payable by doubling the existing rents works out to Rs.69,000/-, is fixing the lease amount for all the three properties at Rs.65,000/- per month with effect from 01.09.2024. (10)In view of the date of commencement of lease in respect of other two buildings are different, the tenant is liable to pay a sum of Rs.40,000/- per month with effect from 01.01.2022 to 31.08.2024. (11)The arrears calculated by fixing the rent at Rs.40,000/- per month with effect from 01.01.2022 till 31.08.2024 and at Rs.65,000/- per month from 01.09.2024, shall be paid in four equal quarterly instalments commencing from 01.04.2025.
(12)It is made clear that the tenant shall pay the monthly rent of Rs.65,000/- per month without any default. In case of default, the learned AG&OT is permitted to issue notice of termination, terminating the tenancy and proceed further in accordance with law.
(13)The applications are disposed of accordingly. 06-03-2025 AP Index:Yes/No Speaking/Non-speaking order Internet:Yes To 1.The Official Trustee of Tamil Nadu High Court Campus, Chennai 600 104.
A No. 3702 of 2021 To 1.The Official Trustee of Tamil Nadu A No. 3703 of 2021 To 1.The Official Trustee of Tamil Nadu
S.S.SUNDAR J.
AP AND A NO. 3702 OF 2021,A NO. 3703 OF 06-03-2025