Karuppiah v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2025

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)No.11260 of 2025 Karuppiah ... Petitioner versus

1. The State of Tamil Nadu, Rep. by The Superintendent of Police, Sivagangai, Sivagangai District.

2. The State of Tamil Nadu, Rep. by The Inspector of Police, Singampunari Police Station, Sivagangai District.

3. Chandran ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 and 2 not to interfere in civil dispute case on the basis of the petitioner's representation dated 21.04.2025. 1/6

For Petitioner : Mr.S.Muthukannan For R1 and R2 : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

The petitioner has submitted a representation to the respondent Police on 21.04.2025 and also filed this writ petition seeking a Mandamus not to interfere in the civil dispute.

2. The petitioner, by referring the proceedings pending before the District Munsif Court, Singampunari in O.S.No.26 of 2020 and I.A.No.1 of 2024 in A.S.No.Unnumbered/2025 on the file of the Sub Court, Sivagangai, has submitted a representation to the respondent Police not to implement the order of this Court passed in Crl.O.P.(MD)No.17793 of 2024, dated 14.11.2024.

3. This writ petition has been filed by the learned counsel Mr.S.Muthukannan on behalf of the petitioner Karuppiah. The 3rd respondent Chandran has already filed a petition before this Court in 2/6

Crl.O.P.(MD)No.17793 of 2024 seeking a direction to the Superintendent of Police, Sivagangai and the Inspector of Police, Singampuneri, Sivagangai District, to provide police protection to his life and his property in Survey Nos.685/33 and 685/35 in Soorampatti Village, Singampunari Taluk, Sivagangai District, by considering his representation dated 30.09.2024. In that petition, the petitioner herein was arrayed as 3rd respondent and he was represented through the present counsel Mr.S.Muthukannan. Considering the rival submissions made in Crl.O.P.(MD)No.17793 of 2024, this Court, on 14.11.2024, has passed the following order:

"4. Considering the submissions and on perusal of the materials, it is seen that this Court, by its order dated 18.10.2024, had noted that the petitioner had obtained a Civil Court decree in his favour and that the police were required to provide protection in accordance with the Civil Court's decree. It was further recorded that the petitioner has the right to clear the bushes from his property without hindrance from Karuppaiah or any other person, as the Civil Court had affirmed the petitioner's ownership and right to enjoyment of the property.

5. In the event of any obstruction by Karuppaiah or any other person to the petitioner's enjoyment of the 3/6

property, the respondent Police are directed to take immediate action to ensure that the petitioner's right to enjoy the property is not hindered and to provide protection for the petitioner's life.

6. With the above direction, this Criminal Original Petition is disposed of."

The said order has not been challenged by the petitioner.

4. The petitioner has submitted a representation that the order dated 14.11.2024 passed in Crl.O.P.(MD)No.17793 of 2024 need not be complied with. The learned counsel for the petitioner claims that the 3rd respondent has obtained the above order by suppressing the proceedings pending in O.S.No.26 of 2020 and I.A.No.1 of 2024 in A.S.No.Unnumbered/2025. In the event, if the petitioner is having any grievance as against the order of this Court dated 14.11.2024 passed in Crl.O.P.(MD)No.17793 of 2024, the petitioner has to file necessary application either to re-call the order or to file an appeal before the Hon'ble Supreme Court. Therefore, the prayer sought for in the petitioner's representation cannot be attended. 4/6

5. Accordingly, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 04.06.2025 Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

ogy To

1. The Superintendent of Police, Sivagangai, Sivagangai District.

2. The Inspector of Police, Singampunari Police Station, Sivagangai District.

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B.PUGALENDHI, J.

ogy 04.06.2025 6/6