A.No.3340 of 2022 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-07-2026 CORAM THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM A.No.3340 of 2022 K.P. Dharani … Applicant -vs- The Administrator General and Official Trustee of Tamil Nadu, Madras High Court Campus, George Town, Chennai 600 104. … Respondent Prayer: To issue direction, directing the respondent to delete the entry in item No.10 of the auction notification dated 01/05/2022, published in Thinathanthi and cease any further auction proceedings with respect to the property which is the subject matter of the suit in O.S.No.43 of 2022 on the file of ths District Munsif Court, Gobichettypalaya, Erode. For Applicant: Mr.V.Srikanth For Respondent: Ms.D.Varsha Dy. AG & OT ***** O R D E R The present Application has been instituted, seeking direction to the respondent / AG & to delete the entry in Item No.10 of the auction notification dated 01.05.2022, published in Thinathanthi and cease any further auction proceedings with respect to the property, which is the subject matter of the suit in O.S.No.43 of 2022 on the file of District Munsif Court, Gobichettypalayam, Erode. https://www.mhc.tn.gov.in/judis A.No.3340 of 2022 __________ Page2 of 4 2. Mr.V.Srikanth, learned counsel for the Applicant would mainly contend that properties mentioned in the application are not covered under Scheme Decree. In this regard, a Civil Suit in O.S.No.43 of 2022 on the file of District Munsif Court, Gobichettypalayam, Erode was filed and the plaint was rejected at the instance of AG and OT under Order 7 Rule 11 (d) of CPC, against which an Appeal has been instituted. 3. May that as it be, learned AG & OT would draw the attention of this Court with reference to Scheme Decree passed by Sub Court, Gobichettipalayam on 28.04.2018 in I.A.No.413 of 2017 in O.S.No.76 of 1981. As per Schedule II, Item Nos.15 and 16, subject property vests with AG and OT. As per report of AG and OT, filed based on Scheme Decree, AG and OT is claiming right over the property. Details of Item Nos.15 & 16 are extracted hereunder: “15. Vacant Site, Door No.92-1: Cutchery Street, Gobi-Town. 16. Vacant Site, Door No.92: Cutchery street, Gobi Town alienated in favour of 13th defendant. Both the Item 15 and 16 mentioned as vacant site measuring 30 cents in the Will. The 13th defendant purchased a part of the property measuring 21¼ cents under Ex.B136 and Ex.B137. The property purchased under Ex.B136 & 137 is deleted as per Order of Hon'ble Supreme Court. The remaining property having an extent about 8¾ cents is included in the Trust Properties.” https://www.mhc.tn.gov.in/judis A.No.3340 of 2022 __________ Page3 of 4 4. Per contra, Applicant states that subject property is not covered under Scheme Decree. It is seen that Applicant has already instituted Civil Suit and plaint was rejected. Appeal came to be filed against rejection of plaint. Therefore, it is for the Applicant to establish her title and ownership in respect of the subject property. As of now, the property vests with AG & OT under Scheme Decree. Therefore, the present Application cannot be entertained. Disputed facts relating to title or ownership cannot be adjudicated in this application and it is to be decided only by competent Court in the manner known to law. With the above observations, the Application stands dismissed. 10-07-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No AR To: The Administrator General and Official Trustee of Tamil Nadu, Madras High Court Campus, George Town, Chennai 600 104. https://www.mhc.tn.gov.in/judis A.No.3340 of 2022 __________ Page4 of 4 S.M.SUBRAMANIAM,J. AR To: The Administrator General and Official Trustee of Tamil Nadu, High Court Campus, Chennai - 600 104. A.No.3340 of 2022 10-07-2026 https://www.mhc.tn.gov.in/judis