N.KHASALI RAGHMATHULLA v. THE ADMINISTRATOR GENENRAL AND OFFICIAL
A/1706/2026 · 2026-07-10
S M Subramaniam
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 49073 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49073 (MAD) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
A.Nos.1706 and 1755 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM A.Nos.1706 and 1755 of 2026 N.Khasali Raghmathulla … Applicant -vs- The Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai 600 104. … Respondent A.No.1755 of 2026 S.Nagoor Kani … Applicant -vs- The Administrator General and Official Trustee of Tamil Nadu High Court Campus, Chennai 600 104. … Respondent A.No.1706 of 2026 Prayer: To direct the respondent to reduce and fix the monthly rent payable in respect of the portion after deducting the unoccupied and unused area of 626.5 sq.feet out of the tenanted area 2826.5 sq.feet, Shop 1, First Floor, Situated at No.189, NSC Bose Road, Chennai 600 001 to the applicant. A.No.1755 of 2026 Prayer: To direct the respondent to enhance and fix the rent payable in respect of the portion occupied by the Applicant, situated at No.1/189, NSC Bose Road, Chennai 600 001 as per the terms of Lok Adalat Award dated 11/12/2021. https://www.mhc.tn.gov.in/judis
A.Nos.1706 and 1755 of 2026 __________ Page2 of 4 For Applicants: Mr.V.Suriya Sankar For Respondents: Ms.D.Varsha Dy. AG & OT ***** C O M M O N O R D E R A.No.1706 of 2026 has been filed, seeking direction to respondent to reduce and fix monthly rent in respect of the portion occupied by Applicants. A.No.1755 of 2016 has been filed, seeking direction to respondent to enhance and fix the rent payable in respect of the portion occupied by the Applicant, situated at No.1/189, NSC Bose Road, Chennai 600 001 as per the terms of Lok Adalat Award dated 11/12/2021. 2. Applicants / Tenants are in possession of the subject property leased out by AG and OT for the past about 15 years. Lease was extended through Court orders. No public auction was conducted for long period. High Court, in exercise of its powers, is not expected to entertain individual applications for leasing out the properties without ascertaining the factual position, including market rental value and other aspects of the matter. These are all the technical and complex nature of issues, which are to be determined with the assistance of Engineers by https://www.mhc.tn.gov.in/judis
A.Nos.1706 and 1755 of 2026 __________ Page3 of 4 AG and OT, and only by conducting public auction in a transparent manner, such properties are to be leased out or dealt with.
3. Now, Applicants seek direction for enhancement and reduction of rent by fixing 10% hike over and above the existing rent. In the absence any lease in existence, the relief sought for cannot be granted. Unless property is leased out properly and lease agreement has been entered into between Lessor and Lessee, filing application with such prayer is untenable. Such practice is illegal and is in violation of established principles of law. When the lease period expired, applications seeking enhancement and reduction of rent are not maintainable. 4. Learned AG & OT is directed to initiate all appropriate action to conduct public auction by ascertaining market rental value of the property and by following procedures without causing undue delay. Applicants are directed to vacate and hand over vacant possession of the property to AG & OT within a period of two months from the date of receipt of a copy of this order. In the event of applicants not vacating the premises, AG & OT is directed to evict unauthorized occupants from the subject premises and take vacant possession of the property with the assistance of Police, after expiry of two months. https://www.mhc.tn.gov.in/judis
A.Nos.1706 and 1755 of 2026 __________ Page4 of 4 S.M.SUBRAMANIAM,J. AR With the above directions, the present applications are dismissed as not maintainable. No costs. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To: The Administrator General and Official Trustee of Tamil Nadu High Court Campus, Chennai 600 104. A.Nos.1706 and 1755 of 2026 https://www.mhc.tn.gov.in/judis