MHC advises to take disciplinary action against negligent official

CHENNAI: The Madras High Court has ordered that if any lapses, negligence, or dereliction of duty in recovering rent arrears appropriate disciplinary proceedings must initiate against the official authorities. It is also said that the authorities competent are bound to ensure that the government properties leased out are maintained properly and the rent, arrears of rent, and other charges are recovered properly.

Justice S M Subramaniam of the Madras High Court (MHC) said that the Competent authorities are responsible and accountable to protect the state revenue while hearing the petition seeking to quash the notification issued by the sub-collector, Hosur.

The petitioners Ashwaq Ahmed and Pawan Kumar Jain, are occupying two shops in a commercial complex owned by the state government in Hosur main road. The two shops were leased out by the government in favour of the petitioner's paternal uncle, the leased period expired in the year 1992.

Considering the dilapidated condition of the commercial complex the sub-collector of Hosur issued a notice on February 6, 2023 to vacate the petitioner to demolish the building and to reconstruct it.

Challenging this notification the petitioners moved the MHC and said that the building is not in a damaged condition and therefore, it need not be demolished further seeking to quash the notification.

The additional government pleader T Arunkumar appeared for the State that the petitioners were irregular in the payment of rent and have committed default in payment of rent.

After both sides' arguments the Justice said that the petitioners are in illegal occupation of properties for the past about 30 years and they are not the original lessees; they have no right to occupy the public premises belonging to the government. Further, the justice ordered the petitioners to vacate the complex within 60 days and dismissed the petition.