The Administrator General And Official Trustee Of Tamil Nadu v. K.P. Dharani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2024
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE K. KUMARESH BABU W.A.No. 2515 of 2022 The Administrator General and Official Trunstee of Tamil Nadu, City Civil Court Additional Building, High Court Campus, Chennai-600104 ..Appellant Vs 1.K.P.Dharani 2.Poongodi ..Respondents Prayer : Writ Appeal filed under Clause 15 of the Letters Patent against the order dated 23.09.2022 in W.P.No. 22466 of 2022 For Appellant : Mr E.V.Chandru for Mr E.Chandrasekaran For Respondents : Ms. M.Adhi Shree For Mr N. Manokaran - R1 Mr K.Govi Ganesan - R2 1/4
JUDGEMENT (Order of the Court was made by D.KRISHNAKUMAR, J.) Aggrieved by the Interim order passed by the writ court in W.P.No. 22466 of 2022, dated 23.09.2022 , the present writ appeal has been filed by the appellant.
2. The learned counsel for the appellant has submitted that the appellant auctioned the suit property by following the procedure as per the direction of this Court. The auction has been completed and the same has been confirmed by this Court on 26.08.2022 vide A.No. 3509 of 2022. The column No.2 in the public auction notice is for mentioning the address of the suit property and not the description of property. Therefore the interim order passed by the learned Single Judge to stall the further proceedings of the impugned public auction until further orders is required interference by this Court.
2/4
3. Even though the learned counsel for the appellant raised the above grounds in the appeal, he specifically contended that the writ petition itself is not maintainable before this Court and should be filed before the appropriate court dealing with AG&OT cases.
4. In view of the aforesaid specific ground raised by the learned counsel for the appellant, the issue of whether the writ petition is maintainable has to be decided by the Writ Court. Furthermore, both parties have agreed to cooperate for the early disposal of the writ petition.
5. In view of the above, We direct the Writ Court to dispose of the writ petition within a period of eight weeks from the date of receipt of a copy of this judgment.
6. With the above, the writ appeal is disposed of . No costs. (D.K.K., J.) (K.B., J.) 13.06.2024 Index: Yes / No Internet: Yes ak 3/4
D.KRISHNAKUMAR, J.
AND K. KUMARESH BABU, J.
ak W.P.No. 2515 of 2022 13.06.2024 4/4