‘Curative petition can save Jaya’s residence’

Hence, the big question is whether it would be seized or will it be spared, as the caretaker Chief Minister had, a few days ago announced that the Poes Garden would be converted into a memorial for Jayalalithaa.

Balu, a Senior Counsel, Madras High Court feels officials will at least initiate the process for recovering the Poes Garden residence. “The first step will be symbolic attachment. It means the authorities will issue notices to the convicts stating that their properties were being attached as per the court order. 

This will be followed by physical attachment or taking possession of the property by way of obtaining the documents,” he explained.

Balu said that no government, party or individual has the power to sidestep a court order. After the process of physical attachment, the officials would auction the property to recover the fine, he said. “However, AIADMK can request the court to relieve that particular property by assuring that some other property would be surrendered to compensate that,” he said. This could be done by way of filing a curative petition or purity petition. If the court releases it, the government would be free to acquire the property and convert it into a memorial or any other facility according to its policy,” Balu said.