Allowed

R.Murugesan v. Administrative General and Official Trustee of Tamil Nadu

Madras HC29 Mar 2023A/123/2023

Case brief

AI extract

What is this about?

Application filed for permission to demolish and reconstruct leased premises in trust property was allowed. The court granted the petition subject to the Administrator General's conditions regarding sales, leases, planning, taxation, deposits, and rent revisions.

What did the court decide?

Permission for demolition and reconstruction granted subject to Administrator General's conditions.

R.Murugesan Vs Administrative General and Official Trustee… — Property and Title | Madras HC (2023)

¶1

A.No.123 of 2023

¶2

A.No.123 of 2023

¶3

¶4

C.S.No.1132 of 1921

¶5

S.VAIDYANATHAN,J.

¶6

This application has been filed to grant permission for demolition and reconstruction in the leased premises bearing Door No.19, S.M.M.Street, Chennai600 001.

¶7

Learned Administrator General and Official Trustee (AG & OT) has

¶8

submitted that the permission for demolition and reconstruction as sought in this application can be granted, subject to the conditions stated in Paragraph No.6 of the counter of the AG & OT, which is extracted below:

¶9

"6. It is humbly submitted that the office of the AG & OT is following the certain regular conditions for giving permission to construct a commercial buildings in the trust properties. The conditions are as follows.

¶10

(i) No sale or mortgage of either the land or the building should be made. Undertaking to be given

¶11

(ii) Lease / Sub lease should not be given to any third party in respect of the super structure to be constructed. Under taking to be given.

¶12

(iii) Plan and planning permit and other statutory requirements to be done in the name of the respondent only.

¶13

(iv) The Possession of the land and building to be handed

¶14

Page 1 of 3

¶15

https://www.mhc.tn.gov.in/judis

¶16

A.No.123 of 2023

¶17

over at the end of the lease period. No claim for construction whatsoever in nature will be entertained.

¶18

(v) The property tax, electricity connection and CMWSSB connection to be in the name of the respondent only.

¶19

(vi) The applicants may be directed to deposit 10% of the cost of construction towards guarantee for completing the construction within the stipulated period and as advance amount which shall carry no interest and the said advance amount will be repaid at the time of the handing over of the vacant possession of the Land and building.

¶20

(vii) Rent revision on yearly basis of 10% may be ordered.

¶21

(viii) In the event of joint development of two properties into one building is ordered a new lease deed be executed by both the applicants as joint tenants."

¶22

In view of the above submission of the learned AG & OT, this Application

¶23

is ordered as prayed for. It is made clear that the Applicant must ensure due compliance of the aforesaid conditions imposed by the learned AG & OT.

29.03.2023

1/2

To:

The Administrator General and Official Trustee of Tamil Nadu, High Court, Madras.

¶29

Page 2 of 3

¶30

https://www.mhc.tn.gov.in/judis

¶31

A.No.123 of 2023

¶32

S.VAIDYANATHAN,J.

¶33

¶34

A.No.123 of 2023 in C.S.No.1132 of 1921 1/2

¶35

29.03.2023

¶36

Page 3 of 3

¶37

https://www.mhc.tn.gov.in/judis

R.Murugesan v. Administrative General and Official Trustee of Tamil Nadu

Case brief

What is this about?

What did the court decide?

R.Murugesan v. Administrative General and Official Trustee of Tamil Nadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.S.Rajendran Vs Official Trustees of Tamilnadu

Saravana Sundari @ P. Vanthana Vs Other Departments (Tn)

Official Trustee of Tamil Nadu Vs M/s. Sarkaria Brothers

G.Kannan Vs The Official Trustee

A.Navaneethakrishnan Vs Administrator General and Official Trustee of Tamilnadu

D.Murugan Vs The Administrator General and Official Trustee of Tamilnadu