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W.M.P.No.14607 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 24.10.2025 CORAM
THE HONOURABLE Dr.JUSTICE G.JAYACHANDRAN W.M.P.No.14607 of 2025 in Rev.Aplw SR.No.44665 of 2025 W.P.No.33047 of 2023 W.M.P.No.14607 of 2025: 1.S.N.Vijayan S/o S.P.Nagalinga Sengunthar No.5/2, Murugappa Mudali Street, Arcot Taluk, Thimiri, Ranipet District 632 512. 2.T.M.Girivasan, S/o V.Manickavasaga Sengunthar, No.29, Kil Godown Street, Arcot Taluk, Thimiri, Ranipet District 632 512. ..Petitioners/Petitioner/3rd Parties /versus/ 1.M.Ravi Anand S/o Munusamy Mudaliar No.9/1, Sababathy Mudaliar Street, Timiri, Arcot Taluk, Ranipet District. ..Respondent/Respondent/Petitioner 2.The Superintendent of Police, Ranipet District Bharathi Nagar, Ranipet. 1/8 https://www.mhc.tn.gov.in/judis
W.M.P.No.14607 of 2025 3.The Inspector of Police, Timiri Police Station, Timiri Arcot Taluk, Ranipet District. 4.Narayanamurthy, S/o Kuppusamy, No.36A, Duraisamy Street, Timiri Arcot Taluk, Ranipet District. 5.N.N.A.Ekambaram, S/o Arunachalam, No.26, Pillaiyar Koil Street, Sanjeevirayanpet, Timiri Arcot Taluk, Ranipet District. 6.T.A.Shanmugam, S/o Annamalai, No.248, Nehru Bazaar, Timiri Arcot Taluk, Ranipet District. ..Respondents/Respondents/1 to 5 Respondents This petition has been filed under Article 226 of the Constitution of India praying to permit the petitioner to file review petition and grant leave to review the order passed in W.P. No.33047 of 2023, dated 13.09.2024 to file W.P. For Petitioners :Mr.K.Mohanamurali For Respondents :M/s S.A.Rubika for R1 Mr.R.Kishore Kumar, GA for R2 and R3 No appearance for R4 to R6 2/8 https://www.mhc.tn.gov.in/judis
W.M.P.No.14607 of 2025 Rev.Aplw.SR.No.44665 of 2025 1.S.N.Vijayan S/o S.P.Nagalinga Sengunthar No.5/2, Murugappa Mudali Street, Arcot Taluk, Thimiri, Ranipet District 632 512. 2.T.M.Girivasan, S/o V.Manickavasaga Sengunthar, No.29, Kil Godown Street, Arcot Taluk, Thimiri, Ranipet District 632 512. ..Petitioners/Petitioner/3rd Parties /versus/ 1.M.Ravi Anand S/o Munusamy Mudaliar No.9/1, Sababathy Mudaliar Street, Timiri, Arcot Taluk, Ranipet District. ..Respondent/Petitioner 2.The Superintendent of Police, Ranipet District Bharathi Nagar, Ranipet. 3.The Inspector of Police, Timiri Police Station, Timiri Arcot Taluk, Ranipet District. 4.Narayanamurthy, S/o Kuppusamy, No.36A, Duraisamy Street, Timiri Arcot Taluk, Ranipet District. 3/8 https://www.mhc.tn.gov.in/judis
W.M.P.No.14607 of 2025 5.N.N.A.Ekambaram, S/o Arunachalam, No.26, Pillaiyar Koil Street, Sanjeevirayanpet, Timiri Arcot Taluk, Ranipet District. 6.T.A.Shanmugam, S/o Annamalai, No.248, Nehru Bazaar, Timiri Arcot Taluk, Ranipet District. ..Respondents/1 to 5 respondents Review application has been filed under Order 47, rule 1 read with Section 114 of C.P.C., to review the order passed in W.P.No.33047 of 2023, dated 13.09.2024 on the file of this Hon'ble Court.
For Petitioners :Mr.K.Mohanamurali For Respondents :M/s S.A.Rubika for R1 Mr.R.Kishore Kumar, GA for R2 and R3 No appearance for R4 to R6 ---- COMMON ORDER Based on the Civil Court Decree, the Writ Petitioner sought police protection for the property from respondents 3 to 5 and had given a complaint to the respondents police, which was not acted upon. Therefore, the Writ Petition No.33047 of 2023 was filed seeking a Writ of Mandamus giving police protection from the criminal trespassers and damage to the 4/8 https://www.mhc.tn.gov.in/judis
W.M.P.No.14607 of 2025 property, which is the subject matter of the decree passed by the competent Civil Court. 2. This Court, on considering the material placed before this Court, particularly, the Civil Court Decree, directed the respondents police to give adequate protection to the property of the petitioner and see that there is no trespassers or encroachers in that land. If any such complaint comes to the notice of the respondent police necessary action must be taken. 3. The present petition is filed to review the said order. The petitioners are the third parties. 4. The learned counsel appearing for the petitioners states that the Civil Court decree mentioned by the writ petitioners was obtained by fraud and infact, the property belongs to the petitioners herein. 5. This Court finds that the protection from criminal trespass was provided to the writ petitioners only based on the civil Court decree. If that Civil Court decree is to be challenged, the petitioners herein are to approach 5/8 https://www.mhc.tn.gov.in/judis
W.M.P.No.14607 of 2025 the Civil Court by way of an appeal or review whatever manner of remedy available to them. They cannot try to agitate the Civil dispute in a petition filed under Article 226 of the Constitution of India on Criminal Side. 6.
This Court passed the above order with a limited consideration that when there is a decree passed by the competent Civil Court, there cannot be a criminal trespass and damage to the property and if it is so, the police have to take necessary action. 7. The learned Government Advocate (Crl.Side) States that pursuant to this order, the prolonged dispute regarding the property and worship of the place has to stop and if at all any other persons have a better title, it is always open to them to approach the competent civil Court to establish the title and right. 8. This Court on perusing the records and submissions made by the third parties/petitioners, is of the view that as long as the decree of the Court is on record and force, the Court decree has to be honoured and protected. The order of this Court dated 13.09.2024 is to protect the decree passed by 6/8 https://www.mhc.tn.gov.in/judis
W.M.P.No.14607 of 2025 the Court, which is in force. If the said decree is reversed or modified or altered, then the police has to act as per the modified order. Till then there is no necessity to interfere with or review the order passed by this Court at the instance of the third parties. 9. Accordingly, this Writ Miscellaneous Petition is dismissed. Consequently, the Review application is rejected at the SR stage itself. No costs. 24.10.2025 Index:yes/no Internet:yes/no Speaking order/non speaking order ari To: 1.The Superintendent of Police, Ranipet District Bharathi Nagar, Ranipet. 2.The Inspector of Police, Timiri Police Station, Timiri Arcot Taluk, Ranipet District. 3.The Public Prosecutor, High Court, Madras. 7/8 https://www.mhc.tn.gov.in/judis
W.M.P.No.14607 of 2025 Dr.G.JAYACHANDRAN, J. ari W.M.P.No.14607 of 2025 in Rev.Aplw SR.No.44665 of 2025 W.P.No.33047 of 2023 24.10.2025 8/8 https://www.mhc.tn.gov.in/judis