T. N. K. GOVINDARAJU CHETTY AND COMPANY PVT. LTD. Vs. ADMINISTRATOR GENERAL OF MADRAS AND OFFICIAL TRUSTEE OF TAMIL NADU

JUDGEMENT

(1.) The applicant has come forward with this application praying to issue appropriate direction to the respondent to renew the lease deed dated 01.03.2017, registered as document No. 283 of 2017 for the balance period of five years as per the order dated 23.12.2005 passed by this Court in Application No. 5467 of 2005.

(2.) In the affidavit filed in support of the Judges Summon, it is stated by the applicant that the respondent - Administrative General and Official Trustee (in short AG & OT) has invited tender in the year 1972 intending to lease out the property in R.S. No. 93/2 (part) in Municipal Division No.32 situated at No.3, Anna Samy Naicken Street, Triplicane, Chennai measuring 4 grounds and 1535.5 square feet. In response to the tender invitation, M/s. Indian Metal & Metallurgical Corporation submitted their application and they were declared as the highest bidder by the AG & OT. M/s. Indian Metal & Metallurgical Corporation had intended to use the property on lease to be used as a car parking facility for their cinema hall which is being run by M/s. Indian Metal & Metallurgical Corporation in the name and style of Devi Theaters at Anna Salai, Chennai.

(3.) For the purpose of leasing out the land to the applicant, an application in A. No. 2725 of 1972 was filed by AG & OT before this Court and this Court granted permission to grant lease to M/s. Indian Metal & Metallurgical Corporation for a period of five years with option for renewing it for another five years. Accordingly, a lease deed dated 07.12.1972 was executed in favour of M/s. Indian Metal & Metallurgical Corporation by the AG & OT in which the lease amount was fixed at Rs.1,001/-. However, it is stated that the physical possession of the property was not given to M/s. Indian Metal & Metallurgical Corporation in view of the litigation pending at the instance of the erstwhile tenant, who refused to vacate the property and handover possession. In the meantime, M/s. Indian Metal & Metallurgical Corporation was taken over by the applicant namely M/s. T.N.K. Govindaraju Chetty and Company Private Limited and all the assets of M/s. Indian Metal & Metallurgical Corporation was taken over by M/s. T.N.K. Govindarajulu Chetty and Company Private Limited. Thereafter, the applicant filed Writ Petition No. 2037 of 1990 before this Court against which Writ Appeal No. 245 of 1990 was also filed.