D.Sekar v. The Administrative General

OA NO. 532 of 2022

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-02-2025

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR OA NO. 532 of 2022 D.Sekar Door No.48A, Kaliannan Extension, Vaikkal Road, Gobi, Erode - 638 452.

Applicant Vs The Administrative General Madras High Court Campus, George Town, Chennai - 600 104. Respondent For Applicant : Mrs.V.Srimathi (No appearance) For Respondent : Mr.D.Lingeswaran PRAYER : Application filed under Order XIV Rule 8 of the Original Side Rules of the Madras High Court read with Section 25 of the Administrators General Act, 1963, praying to grant an order of injunction restraining the respondent, his men, agent, servants and any other persons from interfering with the peaceful possession of the applicant's lands situated in RS.No.73/1C, Periyakodiveri Village, Gobichettipalayam Taluk, Erode District, admeasuring 91 1/4 cents

ORDER

This application is filed seeking an injunction against the respondent, his men, agent, servants or any other person from interfering with the peaceful possession of the land situated in RS.No. .73/1C, Periyakodiveri Village, Gobichettipalayam Taluk, Erode District.

https://www.mhc.tn.gov.in/judis

2. The applicant would claim title to the property even though his possession was only permissible.

3. There is no representation on behalf of the applicant. Now it is reported by learned AG&OT that possession of property was taken from the applicant and its administration was entrusted to the office of the respondent as Trust Property. In the course of administration, the respondent had obtained permission of this Court and conducted a public auction on 18.05.2022 to lease out the said property, and one M.Subramaniam who participated in the auction was declared as a successful bidder. The said bidder was inducted as a tenant in the property vide lease agreement dated 05.07.2022 and continues to be in possession of the property. Therefore, the prayer of the applicant has no merits and does not survive in view of the developments.

4. In view of the fact that the applicant is not in possession of the subject property now, and that the subject property was confirmed as a Trust Property and that a third party was inducted as a tenant, the relief claimed by the applicant in the present application cannot be maintained. Accordingly, this application stands dismissed. 27-02-2025 ds Internet : Yes / No https://www.mhc.tn.gov.in/judis