S.Ezhilarasi v. The Admistrative General And Official Trustee Of Tamil Nadu
A NO. 102 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27-02-2025
CORAM
THE HONOURABLE MR JUSTICE S. S. SUNDAR A NO. 102 of 2023 S.Ezhilarasi W/o.D.Sekar, Door No.48A, Kaliannan Extension, Vaikkal Road, Gobi, Erode 638 452.
Applicant Vs The Admistrative General and Official Trustee of Tamil Nadu Madras High Court Campus, George Town, Chennai 600 104. Respondent For Applicant : Mrs.V.Srimathi (No appearance) For Respondent : Mr.D.Lingeswaran PRAYER : Application filed under Order XIV Rule 8 of the Original Side Rules of the Madras High Court read with Section 25 of the Administrators General Act, 1963, praying to quash the termination notice in Dis.No.1452/2021/AG dated 27/08/2021 on the file of the respondent and further direct the respondent to fix a fair rent for the property at Door No.1, Varadhan Street, Gobichettipalayam, Erode in T.S.No.57, Block-12, Ward-B, measuring an extent of 15 cents.
ORDER
This application is filed seeking to quash the termination notice of the respondent dated 27/08/2021 and further to direct the respondent to fix a fair rent for the property at Door No.1, Varadhan Street, Gobichettipalayam, Erode in T.S.No.57, Block-12, Ward-B, measuring an extent of 15 cents.
2.The applicant herein is represented by Advocate Mrs.V.Srimathi, however, there is no representation for the applicant today.
3. The learned AG&OT who appeared before this Court has filed a counter wherein it is alleged that the applicant originally was in possession of the subject property. Subsequent to the scheme decree of Sub-Court, Gobichettipalayam, declaring that the property is a Trust property, the same was entrusted to the Office of the respondent for its administration. Thereafter, the applicant herein was inducted as a tenant of the Trust property since January 2019 and she has been paying a fixed monthly rent of Rs.8,100/- Due to the increase in guideline value and market value, the rent of the subject property was enhanced to Rs.34,000/- from 01.03.2020.
Since the applicant had defaulted in paying the revised rent and was also found to have made attempts to sub-let the property to third parties, which is against the terms and conditions of the rental agreement, the impugned proceedings came to be passed,, directing her to vacate and deliver vacant possession of the property on or before 31.08.2021. 4 The learned AG&OT who appeared before this Court on an earlier occasion on 06.02.2025 submitted that the property has already been taken possession by the respondent on 09.09.2021. Since the learned counsel for the applicant had sought time to ascertain the same, the matter stood adjourned to today.
representation for the applicant.
5. Recording the statement of the learned AG&OT that the subject property has already been taken possession by them, this application stands closed. However, a direction is given to the respondent to lease out the property to a prospective lessee by following the due procedures.
27-02-2025 Internet : Yes / No ds