RAM KAILASH vs GENERAL MANAGER-ECR - 2026 Supreme(Online)(RCT) 1016

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2026 Supreme(Online)(RCT) 1016

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T. S. Sivakumar, J
RAM KAILASH – Appellant
Versus
GENERAL MANAGER-ECR – Respondent
C.M.A. No. 434 of 2023

Important Points

A temporary injunction is granted when the petitioner establishes a prima facie case of possession and the balance of convenience suggests that irreparable loss would occur if the respondent proceeds without a determination of title.

Subject

Civil Law - Property Dispute / Injunction

Act Referred

Land Acquisition Act

Headnote

The matter involves a challenge to an order dismissing an application for temporary injunction regarding the construction of a road on disputed land. The petitioner claims absolute ownership of the property acquired by ancestors in 1950, alleging that no notice under the Land Acquisition Act was served, while the respondent claims the land is Government Poramboke land intended for public benefit. The primary issue is whether a prima facie case of possession exists to warrant a temporary injunction. The court reasoned that the petitioner produced sufficient documents to establish a prima facie case of possession and that the balance of convenience lies in favor of the petitioner to prevent irreparable loss before title determination. Accordingly, the appeal is allowed. The order of the lower court is set aside, and the respondents are restrained from interfering with the petitioner's possession of the suit property until the disposal of the main suit, subject to the final outcome of the proceedings.

Advocates:
For the Appellants/Petitioners: R. Senthil Kumar
For the Respondents: Govt. Pleader

Table of Content
1. challenge to the dismissal of a temporary injunction application based on claims of ancestral ownership versus government land classification. (Para 1 , 2)
2. application of the three-pronged test for injunction: prima facie case, balance of convenience, and irreparable loss. (Para 3 , 4)
3. granting of interim protection of possession pending final adjudication of the main suit. (Para 5)

JUDGMENT

1. This Civil Miscellaneous Appeal is directed against the order dated 12.01.2023 passed by the learned District Judge, Madurai in O.S. No. 123 of 2020, whereby the application for temporary injunction was dismissed.

2. The petitioner contends that he is the absolute owner of the suit property and that the respondents are attempting to interfere with his peaceful possession by constructing a road through the suit land without following due process of law.

i) The petitioner submits that the land was acquired by his ancestors in 1950.

ii) It is further submitted that no notice under the Land Acquisition Act was served upon him.

The learned counsel for the respondent State submits that the land in question is Government Poramboke land and the construction of the road is for the benefit of the general public.

3. Having heard both sides and perused the materials placed on record, this Court finds that the petitioner has produced sufficient documents to establish a prima facie case of possession. //p>

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4. The balance of convenience lies in favor of the petitioner. If the respondents are allowed to proceed with the construction without determining the title, the petitioner will suffer irreparable loss.

5. Accordingly, the appeal is allowed. The order of the lower court is set aside, and the respondents are restrained from interfering with the petitioner's possession of the suit property until the disposal of the main suit, subject to the final outcome of the proceedings.