Petitions against AIADMK headquarters sealing will be taken up in usual course: Madras HC

However, the judge replied that the petition can be heard after completing the formalities. Since EPS is a member of the Tamil Nadu Legislative Assembly, his petition was placed before the Chief Justice for his perusal and approval.

In his petition, EPS alleged the entire event relating to the clash at the party headquarters on Monday was a pre-meditated one, orchestrated with police support. There is no dispute with regard to the ownership or possession of the premises. The property is owned by the AIADMK party and the party has been in possession of it.

It belongs to the AIADMK and cannot be disputed upon by any other person. Panneerslevam (OPS) has no claim to the party whatsoever now. In a legally convened meeting (General Council), he was removed as a primary member of the party. While so, despite the court orders, the act of the Revenue Divisional Officer-Cum- Sub-Divisional Magistrate, South Chennai, in passing an order as if there was a dispute in respect of the premises, was completely outrageous and illegal, he contended.

He prayed for an interim stay of the operation of the proceedings of the RDO dated July 11 till the disposal of the petition. The petition also prayed for a direction to the RDO to handover the possession of the party headquarters on Avvai Shanmugam Salai, in Royapettah to the petitioner, in the interest of justice.

In his petition, OPS, claiming himself as the Co-ordinator of the party, submitted that the RDO, before sealing the premises, ought to have taken into consideration of the very fact that he was very well in possession of the subject building and that goes to prove that he was in legal possession of the party headquarters building. The impugned order of the RDO asking him to let in evidence that which of the party is in possession of the subject building as on July 11 would go to show complete non application of mind on RDO’s part .

The RDO ought to have taken into consideration the orders of the High Court passed on the applications with regard to holding the GC meeting on July 11 that they had not become final. They are appealable ones and no civil court had passed an order or decree stating that the post of Coordinator and Joint Coordinator had become vacant or abolished.

The RDO had come to the wrong conclusion that there was a dispute between EPS and OPS with regard to possession of the subject building. EPS claimed himself to be the Interim general secretary of the party while the matters were being appealed and pending adjudication before the Apex Court.

He prayed the court to quash the proceedings of the RDO and hand over the possession of the party office building to him.