Madras High Court
M.Iqbal Ahmed vs The Administrator General And on 24 June, 2022
O.S.A.Nos.147 to 149 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2022
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
O.S.A.Nos.147 to 149 of 2022
and C.M.P. Nos.8993, 8994 and 8995 of 2022
1.M.Iqbal Ahmed
2.M.Mohamed Farooq
3.Shanaz Begum
4.Khamar Sultana
5.M.Mohamed Aseel
6.M.Khatija Asmee .. Appellants
Vs.
1.The Administrator General and
Official Trustee of Tamil Nadu,
Office of the Administrator General and
Official Trustee of Tamil Nadu,
High Court Campus,
Chennai – 600 104.
2.Abdullah Basha
3.Abdul Basha
4.Muzuru Alam
1/6
https://www.mhc.tn.gov.in/judis
O.S.A.Nos.147 to 149 of 2022
5.Mohamed Jameel
6.Sujatha
7.Proprietor
RSRK & Company
8.Proprietor
Deen Stores,
Newspaper Stall. .. Respondents
Prayer in all cases: Original Side Appeals filed under Order XXXVI Rule
1 of the Original Side Rules read with Clause 15 of the Letters Patent
against the Judgment dated 01.04.2022 passed in A.Nos.913, 914 and
912 respectively of 2022 in C.S. No.274 of 1899.
For Appellants : Mr.P.V.Balasubramaniam
For R1 : Mr.R.Jothimanian
COMMON JUDGMENT
[Judgment of this Court was delivered by T.RAJA, J.]
These appeals have been directed against the interim order
dated 01.04.2022 passed in A.Nos.913, 914 and 912 respectively of
2022 in C.S. No.274 of 1899, wherein the learned Single Judge
directed the respondents therein to pay the arrears of rent amounting
to more than Rs.32 lakhs within a period of three weeks.
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O.S.A.Nos.147 to 149 of 2022
2.Learned counsel appearing for the appellants submitted that
when the first respondent has issued a letter dated 04.11.2019 fixing a
sum of Rs.2,51,000/- as a monthly rent, vital and crucial aspects that
the superstructure was purchased by the appellants forefather have
been overlooked. Therefore, without any reference to facts and
circumstances prevalent or prevailing monthly rent in the said area,
calling upon the appellants to pay a sum of Rs.2,51,000/- as a monthly
rent is highly arbitrary. When the appellants were instructed to appear
for the enquiry on 04.11.2019, appellants 1 to 3, who were indisposed
on account of medical reasons, had instructed their counsel to
represent him in the meeting fixed on the aforementioned date.
Accordingly, when their counsel requested the staff attached with the
office of the first respondent, namely, Malathi, she informed that the
first respondent will not meet the counsel in the absence of the
appellants. Therefore, in view of the above mentioned instruction, the
appellants' counsel was constrained to issue a letter to the first
respondent requesting him to permit him to represent appellants in the
instant matter on humanitarian ground by dispensing with the
technicalities. When the appellants were in the fond hope that the
meeting fixed on 04.11.2019 pursuant to their letter submitted, would
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O.S.A.Nos.147 to 149 of 2022
be re-scheduled to some other day, the first respondent had issued a
letter dated 04.11.2019 unilaterally increasing the lease hold rent for
the underlying lands to an astronomical sum of Rs.2,51,000/-.
Therefore, when the appellants were not provided with a reasonable
opportunity before enhancing the monthly rent and they were paying a
sum of Rs.11,000/- till July 2019, increasing the rent to Rs.2,51,000/-
within 4 months and that too without even hearing the appellants is
unjustified. Since the learned Single Judge has failed to consider the
same, the impugned orders are liable to be set aside.
3.In reply, Mr.R.Jothimanian, learned counsel appearing for the
first respondent submitted that although the appellants are in
occupation of a huge land, having an extent of 2575 sq.ft. in a prime
location in Anna Salai nearer to Express Avenue, a sum of Rs.11,000/-
was fixed in July 2019. Since the monthly rent is not reasonably fixed
for the properties administered by the first respondent, a decision was
taken to re-assess the value of the land and also the superstructure for
not only the appellants' property, but also several other properties
situated in and around the city.
4.Heard both sides.
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O.S.A.Nos.147 to 149 of 2022
5.A perusal of the records would show that since the appellants
are the tenants, occupying 2575 sq.ft. of land in prime location in Anna
Salai, nearer to Express Avenue, the total land cost for the leased area
(A) was fixed at Rs.2,41,53,500/- (2575 x 9380) while building cost
(including all aspects) was Rs.200/- sq.ft., total building area was 4736
sq.ft. Therefore, total building cost (B) comes to Rs.9,47,200/- (4736
sq.ft. X Rs.200/-) and annual rent for non-residential and monthly rent
were fixed at Rs.30,12,084/- (Rs.2,51,00,700 x 12/100) and
Rs.30,12,084/12 = Rs.2,51,007/-, which has been rounded to
Rs.2,51,000/-. When Rs.2,51,000/- has been fixed by the first
respondent, after informing the appellants to take part in the enquiry
held on 04.11.2019, it is for the appellants to come and explain on
what basis the monthly rent cannot be fixed. After accepting the
invitation given by the first respondent, the appellants have not come
forward to take part in the enquiry. Therefore, the first respondent has
rightly fixed the monthly rent. For the reasons that the appellants have
refused to take part in the enquiry, the learned Single Judge has also
rightly directed the appellants to pay the arrears of rent of
Rs.90,32,400/-. Since they are occupying the huge extent of land in
prime location in Chennai without paying any rent, we do not find any
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O.S.A.Nos.147 to 149 of 2022
T.RAJA, J.
and
K.KUMARESH BABU,J.
vga
merit or justification in the appeals. Therefore, appellants are given
four weeks time to pay the arrears of rent and the first respondent is
at liberty to proceed in the manner known to law.
6.With the above direction and observation, these appeals stand
dismissed. Consequently, connected C.M.Ps are closed. No costs.
(T.R.,J.) (K.B.,J.)
24.06.2022
vga
To
The Administrator General and
Official Trustee of Tamil Nadu,
Office of the Administrator General and
Official Trustee of Tamil Nadu,
High Court Campus,
Chennai – 600 104.
O.S.A.Nos.147 to 149 of 2022 and
C.M.P. Nos.8993, 8994 and 8995 of 2022
https://www.mhc.tn.gov.in/judis
