OSA/159/2023 of A.Meerabai Vs The Official Trustee of Tamil Nadu on 15 October 2026

COMMON JUDGMENT

(Judgment of the Court was delivered by N.Sathish Kumar J.) These appeals have been filed challenging the order of the learned Single Judge allowing the applications filed by the learned AGOT in A.Nos.2688 to 2691 of 2021. Application No.2688 of 2021 to direct the respondent to pay the damages for the premises occupied by them from 01.07.2021 to till the date of delivery of vacant possession at the rate of Rs.20,000/- per month; Application No.2689 of 2021 has been filed to permit the applicant to take over the vacant possession through police force if the respondent fails to hand over the vacant possession within a time frame. A.No.2690 of 2021 has been filed to direct the respondent to quit and hand over vacant possession of the premises in the ground floor of Door No.4/86, Iyyappa Street, Mannady, Chennai – 1 to the applicant within a time frame and Application No.2691 of 2021 has been filed to direct the respondent to pay the rental arrears upto 30.06.2021 aggregating a sum of Rs.89,000/- with applicable administrative charges as charged for delayed payment applicable to all the tenants together with bank interest at the rate of 6 per cent per annum.

2. The applications came up for hearing before the learned Single Judge and despite several adjournments for filing counter, counter was not filed; thereafter, on 29.07.2022, the learned Administrator General and Official Trustee filed a common report dated 29.07.2021 before this Court and the learned Single Judge vide impugned orders allowed the applications. Challenging the said orders, the present appeals.

3. The learned counsel for the appellant submitted that due to justifiable reasons, the appellant could not file counter in time. Hence, seeks for allowing this appeals.

4. Heard both sides and perused the materials placed on record.

5. In light of the above, now the point that arise for consideration in these appeals is whether the order of the learned Single Judge is improper and requires interference?

6. It is relevant to note that the appellant is squatting over the property without paying any rent whatsoever. Admittedly, the properties are trust properties and is under the control of Administrator General and Official Trustee of this Court. When a person is squatting over the property and even not coming forward to pay the minimum rent, as a matter of right he cannot squat over the property. Once the lease period is expired and not continued, the person squatting over the property without paying any rent should only be considered as a trespasser, therefore, no-one has a right to squat over the property taking advantage of the trust property without paying minimum rent. The learned Single Judge has clearly recorded that despite several adjournments, counter has not been filed. When we asked the learned counsel for the appellant that whether the appellant is willing to deposit the amount, for that also no proper answer is forthcoming.

7. In view of the above, we do not find any merits in these appeals and these appeals stand dismissed. No costs. Consequently, connected miscellaneous petitions stand closed. Let the learned Administrator General and Official Trustee proceed as per law. (N.S.K.,J.) (G.K.M.,J.) 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No dhk To The Official Trustee of Tamil Nadu High Court Campus, Chennai - 600 104.

N.SATHISH KUMAR J. AND GK.MUTHUKUMAAR J. dhk OSA No. 159 of 2023 AND OSA NO. 161 OF 2023,OSA NO. 166 OF 2023,OSA NO. 160 OF 2023,CMP NO. 20348 OF 2023,CMP NO. 20317 OF 2023,CMP NO. 20347 OF 2023,CMP NO. 20346 OF 2023,CMP NO. 20599 OF 2023 15-10-2026