Summary: A court in Thoothukudi has canceled an order demanding the removal of walls blocking public pathways and drainage, citing issues with authority and ongoing civil cases.
Location and Date: The case was heard at the Madurai Bench of the Madras High Court, with the decision announced on November 27, 2025.
Parties Involved: K. Paramasivan and others challenged an order by the Sub Divisional Magistrate of Thoothukudi.
Claims of Blockage: K. Paramasivan and others were accused of building walls that blocked public pathways and drainage in Srivaikundam, Thoothukudi District. The walls reportedly caused flooding and health problems.
Defendants' Argument: They argued that the land was private property, claiming there was no public pathway or drainage as stated. They referred to a pending civil appeal to support their claim.
Authority Issues: Justice L. Victoria Gowri found that the Sub Divisional Magistrate went beyond their power by ordering the removal of the walls, which should be dealt with in civil court, not through actions meant to prevent crime.
"Preventive criminal jurisdiction is a shield against breach of peace, not a sword to carve out civil rights or decree demolitions."
Ongoing Civil Cases: The court pointed out the ongoing civil case (S.A.(MD) No.45 of 2013) related to the same land dispute, indicating that the matter was already being considered by the court.
Order Canceled: The court canceled the order dated June 2, 2025, that demanded wall removal, citing incorrect use of legal rules and interference with civil matters.
Temporary Solutions: The court allowed temporary solutions to manage drainage and public health without changing the existing structures, until proper legal proceedings take place.
The court's decision ensures that the dispute over the land will be handled in the appropriate civil court, preserving the rights of both parties while addressing public health and safety concerns.
