Sri Kannabiran Temple v. T.Pandurangan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HON'BLE MR.JUSTICE P.B. BALAJI Sri Kannabiran Temple Rep. by its Hereditary Trustee, M.Jayaraman, S/o.T.Mayava Rmanuja Dasar, No.25-A, Chinnakuzhanthai Street, Maduma Nagar, Sembium, Chennai 600 011.

[Cause title accepted vide Court order dated 21.11.2025 made in C.M.P.No.28261/2025 in C.R.P.SR.No.171061/2025] ..Petitioner Vs 1.T.Pandurangan S/o.Late Thiruveedi, No.25-A/10, Chinnakuzhanthai Street, Maduma Nagar, Sembium, Chennai 600 011. 2.The Inspector of Police (Law and Order) KI Sembium Police Station, Perambur, Chennai - 600 011.

..Respondents PRAYER - This Civil Revision Petition is filed under Article 227 of the Constitution of India to pass an order directing the 2nd respondent Inspector of Police (Law and Order), K1 Sembium Police Station, Perambur, Chennai 600

011, to provide necessary police force ordered dated 03.03.2023 by the Learned IX Assistant Judge, City Civil Court, Chennai in EP No.4011 of 2019 to execute the warrant for delivery of possession of the schedule of property described in E.P. within the time frame fixed by this Court. For Petitioner:

Mr.R. Manickavel For Respondents:

No appearance (for R1) Mr. J. Subbiah Government Advocate (for R2)

O R D E R

The Revision Petition has been filed by the decree-holder seeking for an order of Police protection from the Inspector of Police (Law and Order), K1 Sembium Police Station, Perambur, Chennai 600 011, while seeking to execute the warrant for delivery of possession.

2.The revision petitioner having succeeded up to this Court in the Second Appeal proceedings in S.A.No.311 of 2017, as early as on 15.06.2017, has filed E.P.No.4011 of 2019 for recovery of possession. The Executing Court has

ordered delivery after contest and also had permitted break open and police protection for executing the delivery warrant. 3.The petitioner's grievance is that the warrant was returned unexecuted for want of Police aid despite several attempts made on 06.11.2023, 24.03.2025, 17.04.2025, 26.06.2025, 21.08.2025, 30.07.2025 and 22.09.2025. In order to proceed with the delivery warrant, the Revision Petition has been filed to seek police aid to the Bailiff while executing the warrant. 4.Learned counsel for the Petitioner also places reliance on the decision of the Hon'ble Supreme Court of India in Rahul S.Shah v. Jinendra Kumar Gandhi reported in (2021) 6 SCC 418, where the Hon'ble Supreme Court has held that the Executing Petitions are to be disposed of within a period of six months.

5.Learned Government Advocate (Crl. side) is present along with Mr.Elango, Inspector of Police (Law and Order), K1 Sembium Police Station, Perambur, Chennai 600 011 before this Court.

6.Learned Government Advocate states that the 2nd respondent would assist the Bailiff while executing the warrant for delivery. 7.In the light of the above, there can be no difficulty in recording the said submission of the Government Advocate who appears for the 2nd respondent to allow the Revision with a direction to the 2nd respondent to accompany the Bailiff who has been deputed to execute the warrant. The petitioner shall give an intimation atleast one day in advance, to the 2nd respondent regarding the date on which the Bailiff intends to visit the property for executing the warrant to enable the 2nd respondent to render full assistance to the Bailiff to ensure that the warrant is executed peacefully and without breach of peace.

8.With the above direction, this Civil Revision Petition is allowed. No costs.

03-12-2025 Index : Yes / No Speaking Order : Yes/No GSA To 1.The Inspector of Police (Law and Order) KI Sembium Police Station, Perambur, Chennai - 600 011.

2.The IX Assistant Judge, City Civil Court, Chennai.

P.B.BALAJI, J.

GSA 03-12-2025