N. Farooq v. The Official Trustee Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2024

CORAM

THE HON'BLE Mr. JUSTICE S.S.SUNDAR AND THE HON'BLE Mr. JUSTICE P.DHANABAL AND C.M.P.Nos.20189, 20215, 20275, 20290 & 20296 of 2019 O.S.A.No.222 of 2019 N.Farooq .. Appellant Vs.

1.The Official Trustee of Tamil Nadu O/o.The Administrator General and Official Trustee Chennai 600 104 2.Haji A.M.Farook 3.Haji KEM Segu Mohammed 4.Haji M.A.L.Basheer Ali 5.Haji A.Salahudeen Trustee of M.K.Periya Thambi Narayanan Trust (R2 to R5 impleaded vide order dt.28.6.2013 in A.No.4526/2011) 6.The Tamil Nadu Wakf Board Rep. by its Chief Executive Officer No.1, Jaffer Sarang Street Chennai-1 .. Respondents (R6 suo motu impleaded vide order dt.27.1.2023 in OSA.Nos.222, 224, 226, 227, 228 & 229 of 2019) 1/4

Original Side Appeal filed under Order XXXVI Rule 9 of O.S. Rules read with Clause 15 of Letters Patent, against the order dated 05.02.2018 passed in A.No.1107 of 2011 in C.S.No.314 of 1930.

For Appellant : Mrs.Pushpa Menon For 1st Respondent : Mr.M.Dhamodharan For 6th Respondent : Mr.Haja Mohideed Gisthi Standing Counsel C O M M O N J U D G M E N T (Delivered by S.S.SUNDAR, J.) All the above appeals have been filed by the respective tenants as against the order passed in A.Nos.1105 to 1110 of 2011 in C.S.No.314 of 1930.

2. From the records, it is seen that all the above applications were filed for renewal of lease for a further period of 25 years with increase of rent by 5%; for demolition of the existing construction of the property at the cost of the petitioner; for alteration and renovation of the existing building which are in possession of the tenants.

3. It is now admitted that the tenants have vacated and handed over the possession of the property. In such circumstances, there is no question of entertaining the applications for demolition of the building or for extension or 2/4

renewal of lease originally in favour of tenants. In such circumstances, all the above appeals do not survive as they become infructuous. Hence, these original side appeals are dismissed as having become infructuous. No costs. Connected C.M.Ps. are closed. [S.S.S.R.,J.] [P.D.B.,J.] 03.12.2024 Index : Yes/No gya 3/4

S.S.SUNDAR, J.

AND P.DHANABAL, J.

gya O.S.A.Nos.222, 224, 226, 227, 228 & 229 of 2019 03.12.2024 4/4