Educational Trust Wins Damages in Parking Dispute with Trespassers.
29 April 2024
Trust and Society >> Corporate Law | Property/Real Estate Law >> Property & Real Estate
A Chennai-based educational trust has won a court case against a group of individuals who parked their vehicles on the trust's property without permission.
The Theagaraya Chetty Educational Institutions Managing Committee Trust had granted temporary permission to park vehicles on their vacant land in 2014. However, the one-year license expired in March 2017, and the trust requested the individuals to remove their vehicles.
Eleven individuals refused to comply and even formed an association to resist the trust's demands. The trust then filed a lawsuit seeking a court order for the removal of vehicles (mandatory injunction) and compensation for unauthorized use of the property.
The Defendants chose not to participate in the court proceedings. The court ruled in favor of the trust, although the removal order became irrelevant as the vehicles had already been taken away.
The key takeaway is that the court recognized the trust's ownership of the property and the Defendants' trespass by keeping their vehicles there after the license expired. The trust was awarded Rs.13,26,000/- as compensation for the unauthorized occupation and will also recover court costs from the Defendants.
TAMIL NADU CO-OPERATIVE SOCIETIES (AMENDMENT) ACT, 1990