W.P.(MD)No.15456 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2025 CORAM: THE HON'BLE MS.JUSTICE P.T.ASHA W.P.(MD).No.15456 of 2018 and W.M.P(MD)Nos.13922 and 15064 of 2018 M/s.Deepam a Registered Partnership Firm, Represented by Mr. Bimal Chand Son Of Nemichand, Partner, No.26, Nandhikoil St, Tiruchirappalli - 620 002. ... Petitioner Vs. 1. The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli - 620 001. 2. The Assistant Commissioner, Srirengam Zone, Tiruchirappalli City Municipal Corporation, Srirengam, Tiruchirappalli - 620 006. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus forbearing the respondents, their subordinates from interfering with the petitioners peaceful possession and enjoyment of the property bearing Door No. 26, Nandhi Koil Street, Teppakulam, Tiruchirappalli including the staircase in front of it as per decree dated 24.09.2002 in O.S.No. 1633 of 1988 on the file of the III Additional District Munsif Court, Tiruchirappalli. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15456 of 2018 For Petitioner : Mr.R.Sundar For Respondents : Mr.J.Sriprasad for M/s.R.B.Law Associates ORDER The petitioner seeks a mandamus restraining the respondents, their subordinates from interfering with the peaceful possession and enjoyment of the property bearing bearing Door No. 26, Nandhi Koil Street, Teppakulam, Tiruchirappalli, including the staircase in front of it as per decree dated 24.09.2002 in O.S.No. 1633 of 1988 on the file of the III Additional District Munsif Court, Tiruchirappalli. 2. The facts as set out in the affidavit filed in support of the writ petition are as follows:- The petitioner would submit that he is a lessee in respect of the above referred property. The same was taken on lease from one A.K.Karuppaiya Pillai by the petitioner firm. 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15456 of 2018 3. The petitioner would submit that there is also a staircase erected in front of the premises which is the only access to reach the firms lease hold property. Originally it was a wooden staircase that was in existence on the west of the lease hold property since 1968. After the petitioner had taken the property on lease, they had rected the iron staircase as the earlier wooden staircase had deteriorated and crumbled. 4. The petitioner would submit that his land lord/lessor wanted to evict the petitioner and he instigated the respondents to remove the staircase to prevent access to have egress and ingress to the petitioner. This constrained the petitioner to file O.S.No.1633 of 1988 against the lessor and the respondents on the file of the III Additional District Munsif, Court, Tiruchirappalli for a permanent injunction restraining the respondents and the lessor from interfering with the petitioner's peaceful possession and enjoyment of the suit property which included his staircase. 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15456 of 2018 5. The petitioner would further submit that an application for ad interim injunction was filed in I.A.No.1007 of 1988 and the learned District Munsif Tiruchirappalli was pleased to grant interim order which is ultimately made absolute on 14.11.1993. The suit also came to be decreed on 24.09.2002, after full fledged trial. No appeal has been preferred either by the lessor or by the respondents. The land lord has already initiated an application for eviction which is now pending adjudication in R.C.A.No.28 of 2015. Despite obtaining the decree, the 2nd respondent is attempting to highhandedly dismantled the part of the entire staircase. Therefore, the petitioner is before this Court. 6. A perusal of the decree in O.S.No.1633 of 1988 on the file of the III Additional District Munsif, Court, Tiruchirappalli would clearly show that the suit is filed for permanent injunction restraining the defendants, their men, agents from interfering with the petitioner's enjoyment of the suit property including the staircase either by demolishing it or shifting the same. This suit has been decreed by a judgment and decree dated 24.09.2002. Operative portion of the same reads as under:- 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15456 of 2018 “1. thjpfspd; mikjpahd RthjPd mDgtj;jpy; cs;s jhth brhj;jpy; gpujpthjpfnsh. mth;fsJ Ml;fnsh. Kfth;fnsh gof;fl;il mHpj;njh ,oj;njh vt;tifapYk; ,ila{W bra;af;Tlhbjd epue;ju cWj;Jf;fl;lis K:yk; jil bra;ag;gLfpwhh;/” 7. This decree has not been taken on appeal either by the respondents or by the petitioner's land owner. Therefore, the decree has attained finality. While so, the respondents have absolutely no right to interfere with the petitioner's enjoyment of the property except by due process of law. 8. Therefore, the writ petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed. 22.09.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.15456 of 2018 P.T.ASHA, J. rgm To 1. The Commissioner, Tiruchirappalli City Municipal Corporation, Tiruchirappalli - 620 001. 2. The Assistant Commissioner, Srirengam Zone, Tiruchirappalli City Municipal Corporation, Srirengam, Tiruchirappalli - 620 006. W.P.(MD).No.15456 of 2018 and W.M.P(MD)Nos.13922 and 15064 of 2018 22.09.2025 6/6 https://www.mhc.tn.gov.in/judis