Ammani vs The Tiruchengode Municipality on 19 February, 2004
9. The learned counsel for the second respondent also relied upon the judgment reported in (2007) 4 C.T.C. 67 in the case of [T.Gnanamani Ammal Vs. The Avaniapppuram Town Panchayat] and also the judgments relied upon by the First Appellate Court viz., the judgments reported in (2004) 2 L.W. 112 in the case of [Ammani Vs. The Tiruchengode Municipality Thiruchengode Town, Namakkal District] and (2002) 3 L.W. 8180 in the case of [E.Elimalai and others Vs. Corporation of Madras and others] in support of his contention, wherein, it has been held that once the properties were earmarked for public purpose, the same cannot be sold by the owner by way of gift deed or sell the same to any parties, other than the purpose for which it was earmarked. The learned counsel for the second respondent further submitted that the second respondent being the owner of the property, there cannot be any injunction against the true owner by the appellant.