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Madras High Court

K.T.Velavan vs The Sub-Divisional Executive on 11 December, 2025

                                                                                       CRL RC No. 2393 of 2025


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 11-12-2025
                                                         CORAM
                                  THE HONOURABLE MR.JUSTICE SUNDER MOHAN
                                            CRL RC No. 2393 of 2025
                                           & CRL MP No.21615 of 2025

                1. K.T.Velavan
                S/o.P.Thiyagarajan, S/o Nallappan,
                Kallipalayam Village, Paramathy Velur
                Taluk, Namakkal District.
                2. K.P.Rajendran
                S/o Palanisamy, Kallipalayam,
                Vengarai Post, Paramathy Velur Taluk,
                Namakkal District.
                3.K.P.Duraisamy
                S/o. Palaniyappan, Kallipalayam,
                Vengarai Post, Paramathy Velur Taluk,
                Namakkal District.
                4.K.Thangarasu
                S/o. Kulanthaisamy, Kallipalayam
                Village, Vengarai Post, Paramathy Velur
                Taluk, Namakkal District.
                5. K.N.Sekar
                S/o.Nallappan,
                Kallipalayam Village,
                Vengarai Post, Paramathy Velur Taluk,
                Namakkal District.
                                                                                       Petitioner(s)
                                                              Vs
                1.The Sub-Divisional Executive
                Magistrate
                Assistant Collector Officer,
                Tiruchengode, Namakkal.



https://www.mhc.tn.gov.in/judis              ( Uploaded on: 06/01/2026 05:39:02 pm )
                                                                                      CRL RC No. 2393 of 2025


                2.The Deputy Superintendent of police
                Velur, Namakkal District.
                3.The Tahsildar
                Paramathy Velur, Namakkal District.
                4.The Inspector Of Police
                Velur, Namakkal District.
                5.The Revenue Inspector
                Pandamangalam Paramathy Velur
                Taluk, Namakkal District.
                6.The Village Administrative Officer
                Venkarai Village, Paramathy Velur
                Taluk, Namakkal District.
                7.Sakthivel
                S/o. Somasundaram, Thittamedu,
                Venkarai Panchayat, Paramathy Velur
                Taluk, Namakkal District – 637 208.
                8.Arun
                Thittamedu, Venkarai Panchayat,
                Paramathy Velur Taluk,
                Namakkal District – 637 208.
                9.Rajendran
                Thittamedu, Venkarai Panchayat,
                Paramathy Velur Taluk,
                Namakkal District – 637 208.
                10.Subramani
                Thittamedu, Venkarai Panchayat,
                Paramathy Velur Taluk,
                Namakkal District – 637 208.
                11.Natarajan
                Thittamedu, Venkarai Panchayat,
                Paramathy Velur Taluk,
                Namakkal District – 637 208.
                                                                                      Respondent(s)




https://www.mhc.tn.gov.in/judis             ( Uploaded on: 06/01/2026 05:39:02 pm )
                                                                                           CRL RC No. 2393 of 2025


                PRAYER
                This Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS,
                seeking to call for the entire records pertaining to the impugned order passed by
                the 1st respondent in Na.Ka.7528/2025/C dated 16.10.2025 and set aside the
                same.

                                  For Petitioner(s):       Mr.S.Senthil
                                  For Respondent(s):       Dr.C.E.Pratap,
                                                           Government Advocate (Crl. Side)
                                                           for RR1 to 6
                                                           Mr.N.Umapathi
                                                           for RR7 to 11


                                                             ORDER

The Revision challenges the order passed by the Tahsildar directing the petitioners as well as the private respondents not to obstruct the pathway to a burial ground.

2.The learned counsel for the petitioners would submit that the private respondents are taking the funeral procession to the burial ground through the patta lands of the petitioners and therefore, the impugned order is liable to be set aside.

3.The learned counsel for the private respondents however, would submit that the petitioners do not have any patta; that they are encroachers; that on the complaint given by the private respondents, notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 was issued; that the petitioners have challenged the said notice before the Division Bench of this Court in https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/01/2026 05:39:02 pm ) CRL RC No. 2393 of 2025 W.P.No.39228 of 2025 and this Court had directed the parties to maintain status quo.

4.Since the action taken by the Authorities under Section 7 of the Land Encroachment Act is under challenge before the Division Bench of this Court in W.P.No.39228 of 2025 and an interim order has been passed, the impugned order in this petition would be subject to the result of the said Writ Petition. It is needless to state that the parties would have to await the final outcome of W.P.No.39228 of 2025.

5.Hence, the Revision is disposed of with the above observations.

Accordingly, the connected criminal miscellaneous petition is also closed.

11-12-2025 Tsg Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/01/2026 05:39:02 pm ) CRL RC No. 2393 of 2025 To

1.The Sub-Divisional Executive Magistrate Assistant Collector Officer, Tiruchengode, Namakkal.

2.The Deputy Superintendent of police Velur, Namakkal District.

3.The Tahsildar Paramathy Velur, Namakkal District.

4.The Inspector Of Police Velur, Namakkal District.

5.The Revenue Inspector Pandamangalam Paramathy Velur Taluk, Namakkal District.

6.The Village Administrative Officer Venkarai Village, Paramathy Velur Taluk, Namakkal District.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/01/2026 05:39:02 pm ) CRL RC No. 2393 of 2025 SUNDER MOHAN J.

Tsg CRL RC No. 2393 of 2025 11-12-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/01/2026 05:39:02 pm )