The main legal point established in the judgment is the enforcement of a civil court decree and the recognition of criminal trespassing as a cognizable offense, empowering the court to order eviction and provide protection to the rightful owner.

JUDGMENT

(Prayer in W.P.(MD) No.7059 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying this Court forbearing the respondents 2 and 3 from forcibly evicting the petitioner from his tenancy building bearing door No.18/22, Kaliamman Kovil Street, Vetri Theatre Back Side, Bodinayakanur Post, Theni District without following due process of law.

In W.P.(MD) No.7765 of 2021: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to direct the first respondent to evict the trespasser from the property and hand over the same to the original owner of the property and take action against him for the complaint which given by the petitioner within the time period stipulated by this Court.)

Common Order

1. Since the issues involved in these writ petitions are similar, the same are taken up together for disposal by common order.

2. W.P. (MD) No. 7059 of 2021 has been filed to forbear the respondents 2 and 3 from forcibly evicting the petitioner from his tenancy building bearing door No.18/22, Kaliamman Kovil Street, Vetri Theatre Back Side, Bodinayakanur Post, Theni District without following due process of law.

3. W.P. (MD) No.7765 of 2022 has been filed to direct the first respondent to evict the trespasser from the property and hand over the same to the original owner of the property and take action against him for the complaint which was given by the petitioner within the time period stipulated by this Court.

4. The learned counsel for the petitioner in W.P.(MD) No. 7765 of 2021 would submit that Dr.R.Vijaya (fourth respondent in WP(MD) No.7059 of 2021) is the owner of the property situated at Bodinaickanur Town Old ward No.8, New ward No.11, Subramaniya Swamy Kovil North street, Survey Ward -2 in Survey No.3535/2A. According to the petitioner she got the property through registered Will dated 18.02.1990 executed by her father Ramasamy Naicker. Ramasamy Naicker died on 18.07.1991. The petitioner's brother occupied one portion of the property illegally. Hence, she filed a civil suit in O.S. No.332 of 1997 on the file of the District Munsif cum Judicial Magistrate, Bodinayakanur and it was decreed in her favour on 03.12.1997, against which, his brother filed an appeal in A.S. No.4 of 2006 before the Principal District Court, Theni, which was dismissed confirming the judgment of the trial Court. Against the said judgment, her brother filed second appeal before this Court in S.A(MD) No.628 of 2007 which was also dismissed on 25.09.2018.

5. The learned counsel would further submit that the petitioner in W.P. (MD) No.7059 of 2021 (hereinafter referred to as A.Rajan (who is the fourth respondent in W.P.(MD) No.7765 of 2021)), claimed himself as lessee from the brother of R.Vijaya and refused to vacate the place and also threatened her. Hence, she gave a complaint against A.Rajan, which was registered in Crime No. 153 of 2021 for the offences under Sections 294(b), 323, 342, 506(i) of IPC., in which, he obtained anticipatory bail. Under these circumstances, R.Vijaya filed W.P.(MD) No.7765 of 2021 seeking a direction to the first respondent – Superintendent of Police to evict A.Rajan from the property and to hand over the same to her.

6. The learned counsel for Mr.A.Rajan would submit that Mr.A.Rajan is in occupation of the building situated in D.No.18/22 Kaliamman Kovil Street, Vetri Theatre Back side, Bodinayakanur Post, Theni District as lessee to Dr.R.Vijaya's brother from the year 2004, in which, he is running a as lessee of the fourth respondent (Vijaya) from the year 2004, in which he is running a Trust in the name of Albert Rajammal Charitable Trust registered vide document No.116/BK4/2004, which is formed to develop the education of the downtrodden community Girls. He also filed a suit against Dr.R.Vijaya in O.S.No.200 of 2012 on the file of the District Munsif Court, Bodinayakanur for permanent injunction against Dr.R.Vijaya that she should not interfere with his possession and e