Parimalam v. The Sub-Divisional Executive Magistrate Cum Sub-Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2025

CORAM

THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI IN CRL RC NO. 1990 OF 2025 PARIMALAM S/o.Gopal AND 3 OTHERS Petitioner(s) Vs The Sub-Divisional Executive Magistrate cum Sub-Collector, Kanchipuram District. AND 8 OTHERS Respondent(s) PRAYER To stay the operation of the order dated 16.09.2025 in Proceedings No.3157/2025/A1 on the file of the 1st respondent pending disposal of the above Crl.R.C.

For Petitioner(s):

T. Sathiyamoorthy For Respondent(s):

Dr. C.E. Pratap, Govt Advocate

ORDER

Challenging the order dated dated 16.09.2025 in Proceedings No.3157/2025/A1 passed by the first respondent the petitioner has filed this petition.

2. It is the submission of the petitioner that despite having access through their lands in S.No.105 and 104 to the said temple, the respondents had wanted the petitioners to gift he lands in S.No.91/1A,112 aad 111 A which the petitioners had refused to comply. It is relevant to state here that the 2 nd respondent is the president of the Village panchayat.

3. It is the further submission of the petitioner that the respondents 2 to 8 with ulterior motive demands to put up lamps in the electric posts running through our field and caused the paddy crop exposed to electric light and thereby affecting the growth of the paddy crop. The petitioners had also shown the same to the then Village Administrative Officer. After taking up the matter with the Electricity Department, the lamps were removed.

4. It is seen from records that the first respondent claims in the report that the

alleged pathway was removed in April 2025, i.e three months before the police report dated 30.07.2025 was received and the Thasildar report dated 22.07.2025 upon which he had instituted the 166 proceedings by order dated 18.08.2025. The first respondent ought to have seen that proviso to S.166 (30 prohibits the st respondent from passing any order under S.166(3) if the alleged right is not used for 3 months before the receipt of the report of the police officer or other information upon which the proceedings are instituted under S.166. Thus, the order passed by the first respondent is contrary to the provisions of S.166 of the BNSS 2023.

5. The petitioners submit that pursuant to the order dated 16.09.2025, the private respondents are attempting to lay a 4 feet path in the petitioners agricultural land with gravel. The first respondent is also supporting them. If they are allowed to proceed further the petitioners would lose very valuable agricultural land. It is therefore just and necessary that this Court may be pleased to suspend the execution of the order dated 16.09.2025 bearing proceedings No.3157/2025/A1 on the file of the 1 st respondent pending disposal of the above Revision.

6. In view of the above it is made clear that the petitioners have made out a prima facie case for grant of interim stay. Hence, there shall be na order of interim stay till 13.11.2025.

7. Notice to the respondents returnable by 13.11.2025. Post the matter on 13.11.2025.

09-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Sub-Divisional Executive Magistrate cum Sub-Collector, Kanchipuram District.

2.The Inspector of Police, B4, Baluchettychathiram Police Station, Baluchettychathiram, Kanchipuram District.

3.Dhatchinamoorthy Village Panchayat President, S/o.Rangasamy, Bajanai Koil Street, Kilar Village, Kanchipuram Taluk, Kanchipuram District.

4.Gunasekar S/o.Varadan, No.221, Palla Street, Kilar Village, Kancheepuram Taluk, Kancheepuram District.

5.Senthil Murugan S/o.Balasundaram, No.222, Palla Street, Kilar Village, Kancheepuram Taluk, Kancheepuram District.

6.Pachaiappan S/o.Kolian, Mettu Street, Kilar Village, Kancheepuram Taluk, Kancheepuram District.

7.Mohanraj S/o.Balasundaram, No.222, Palla Street, Kilar Village, Kancheepuram Taluk, Kancheepuram District.

8.Ramachandran S/o.Venkatachalam, No.219, Palla Street, Kilar Village, Kancheepuram Taluk, Kancheepuram District.

9.Jaishankar S/o.Purusothaman No.1, Bajanai Koil Street, Kilar Village, Kancheepuram Taluk, Kancheepuram District.

T.V.THAMILSELVI, J.

smn CRL MP No. 18828 of IN CRL RC NO. 1990 OF 2025 09.10.2025 2/2