Official Trustee of Tamil Nadu v. N. Ismail

Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM A No. 1140 of 2010, A No. 1141 OF 2010, A No. 5084 OF 2024 and A No. 888 OF 2015 A No. 1140 of 2010 Official Trustee Of Tamil Nadu High Court Campus Chennai 104 ..Applicant(s) Vs N. Ismail ..Respondent(s) A No. 1141 of 2010 Official Trustee Of Tamil Nadu High Court Campus Chennai 104 ..Applicant(s) Vs N. Ismail ..Respondent(s) The Administrator General and Official Trustee of Tamil Nadu Chennai 104 ..Applicant(s) Vs

¶1N. Ismail

¶2The Managing Director Chennai Metro Rail Limited Koyambedu Chennai 107

¶3The Secretary to Government of Tamil Nadu Revenue Department Chennai 9 ..Respondent(s) A No. 5084 of 2024 The Administrator General and Official Trustee of Tamil Nadu First Floor, Addl.City Civil Court Building, High Page2 of 7 Court Campus, Chennai 600 104. ..Applicant(s) Vs

¶1The Government of Tamil Nadu Rep.by its Secretary to Governement, Revenue Department, Fort St,George, Chennai 600 009.

¶2The District Collector Chennai District, Singaravelar Maligai, Chennai 600 001.

¶3The Managing Director Chennai Metro Rail Limited, Harini Towers, No.7, Conran Smith Road, Gopalapuram, Chennai 600 086.

¶4The Heritage Conservation Committee Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai 600 008.

¶5S.V.R.Ramprasad Co Trustee, Rajah Sir Ramasamy Mudaliar Choultry Trust Estate, No.6-17/71, Ramapadam, 24th Street, Anna Nagar East, Chennai 600 102. ..Respondent(s) A No. 1140 of 2010 To direct the respondent to pay the arrears of rent of Rs.50,50,000/- (Rupees fifty lakhs fifty thousand only) A No. 1141 of 2010 To direct the respondent to pay future rent at the rate of Rs.2,50,000/- (Rupees two lakhs fifty thousand only) from 01/02/2010 upto the date of delivery of vacant possession To direct the Respondent NO.2 to release a sum of Rs.1,26,80,220/- towards arrears of rent to the Applicant Trust payable by Respondent No.1 Thiru N. Ismail. Page3 of 7 A No. 5084 of 2024 To pass an order directing the 3rd Respondent - CMRL to recover the rental arrears amount of N.Ismail payable to AG and OT to the tune of Rs.1,05,56,325.00/-as on 22/07/2014 along with interest at the rate of 9 percent per annum from 23/07/2014 till the date of realization. A Nos. 1140 & 1141 of 2010 For Applicant(s): Mrs.G.Vijaya AG & OT For Respondent(s): Respondent died - steps due A No. 5084 of 2024 For Applicant(s): Mrs.G.Vijaya AG & OT For Respondent(s): Mr.A.Edwin Prabakar for R3 Mr.N.Dheeraj Kumar for R5 No appearance for R1, 2 & 4 For Applicant(s): Mrs.G.Vijaya AG & OT For Respondent(s): R1-died-steps due Mr.A.Edwin Prabakar for R2 No appearance for R3 Common Order Applications have been instituted seeking a direction to the respondents to pay the rental arrears.

¶2Learned AG & OT would submit that the land acquired by CMRL for Metro Rail Project belongs to Rajah Sir Ramaswamy Mudaliar Choultry. The Page4 of 7 endowments are governed by decree dated 18.08.1970 vide order of the High Court in CS.No.90 of 1963. Management of the Choultry and its allied charities have been vested with the Official Trustee of Tamil Nadu. The object of the Trust is to provide lodging facilities for the free use of railway travellers and daily feeding of the poor.

¶3The present applications have been filed to recover the rental arrears and in the event of failure, to quit and deliver vacant possession of the subject property. During pendency of the application, the Government acquired the land for the benefit of CMRL for developing Metro Rail Project.

¶4It is not in dispute that compensation determined for superstructure had already been paid in favour of the respondent/Ismail. Respondent was paying rent to the AG &OT in respect of the building acquired. The claim of the AG & OT was not considered by the CMRL. Thus, learned AG & OT would submit that CMRL has to initiate appropriate actions to recover the amount due to AG & OT.

¶5Learned counsel appearing for the CMRL would submit that in pursuance to the order of the Hon'ble Supreme Court of India compensation for superstructure has been settled in favour of the respondent/Ismail.

¶6In reply, learned AG & OT would submit that rental arrears issued to Page5 of 7 AG & OT ought to have been adjusted at the time of settling the compensation, which was not done by the authorities of CMRl.

¶7In order to have a pragmatic approach on the issue, this Court has requested the AG & OT as well as CMRL officials to coordinate and initiate appropriate action to recover the rental arrears from the legal heirs of the respondent/Ismail who received the compensation from CMRL without disclosing the fact regarding rental arrears due to AG & OT.

¶8Learned counsel appearing for the CMRL would submit the competent authorities of CMRL will extend their fullest cooperation for recovering the rental arrears due to the AG & OT.

¶9AG & OT is directed to initiate all appropriate actions in the manner known to law to recover the rental arrears from the legal heirs of the deceased Ismail and by following the procedures, if necessary by filing any fresh application.

¶10With the above directions, the applications are disposed of. No costs. 24-07-2026 Index: Yes/No Speaking/Non-speaking order GD Page6 of 7 To

¶1The Managing Director Chennai Metro Rail Limited Koyambedu Chennai 107

¶2The Secretary to Government of Tamil Nadu Revenue Department Chennai 9 A No. 5084 of 2024 To

¶1The Government of Tamil Nadu Rep.by its Secretary to Governement, Revenue Department, Fort St,George, Chennai 600 009.

¶2The District Collector Chennai District, Singaravelar Maligai, Chennai 600 001.

¶3The Managing Director Chennai Metro Rail Limited, Harini Towers, No.7, Conran Smith Road, Gopalapuram, Chennai 600 086.

¶4The Heritage Conservation Committee Thalamuthu Natarajan Building, Gandhi Irwin Road, Egmore, Chennai 600 008.

¶5S.V.R.Ramprasad Co Trustee, Rajah Sir Ramasamy Mudaliar Choultry Trust Estate, No.6-17/71, Ramapadam, 24th Street, Anna Nagar East, Chennai 600 102. Page7 of 7 S.M.SUBRAMANIAM J. GD A No. 1140 of 2010, A No. 1141 OF 2010, A No. 5084 OF 2024 and A No. 888 OF 2015 24-07-2026