Madras High Court
CRP/7010/2026 of Surya Vs Deivasigamani on 10 November 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-11-2026
CORAM
THE HON'BLE MR JUSTICE N. ANAND VENKATESH
Civil Revision Petition No.7010 of 2026
and
C.M.P.No.30109 of 2026
CNR: {HCMA012464812026}
1. Surya
W/o.Deivasigamani
2. Minor.D.S.Raksha
D/o.Deivasigamani
3. Minor.D.S.Yaash
S/o.Deivasigamani
[minor petitioners 2 & 3 represented
by their mother the 1st petitioner]
..Petitioners
Vs
1. Deivasigamani
S/o.Sambhasivam
2. Kamala @ Kamalmmal
W/o.Sambhasivam
3. G.Poongodi
W/o.Gunasekaran
..Respondents
Civil Revision Petition filed under Article 227 of the Constitution of India against the order dated 01.07.2026 passed in Crl.M.P.No.2595 of 2026 in D.V.C.No.17 of 2025 on the file of the Judicial Magistrate (Mahila) at Thiruvallur.
For Petitioners :
Mr.D.Thanigai Vasan
*****
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ORDER
This civil revision petition has been filed under Article 227 of the Constitution of India against the order passed in Crl.M.P.No.2595 of 2026 in D.V.C.No.17 of 2025 dated 01.07.2026 by the learned Judicial Magistrate (Mahila), Thiruvallur, wherein the application filed by the petitioners for interim protection restraining the respondents from interfering with the proposal to erect a bore well in the scheduled property, came to be dismissed by the Court below.
2. Heard learned counsel for petitioners and carefully perused the materials available on record. This Court also went through the impugned order.
3. In the considered view of this Court, the petitioners have a right of appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005. This will apply even for interim orders passed by the Court below. In the light of an alternate remedy available, this Court is not inclined to exercise its jurisdiction under Article 227 of the Constitution of India.
4. In view of the above, the petitioners are given liberty to file an appeal before the concerned Court within a period of two (2) weeks from the date of receipt of a copy of this order and work out their remedy.
5. This civil revision petition is disposed of in the above terms. No costs. Consequently, connected miscellaneous petition is closed. Registry is directed to return the original order to learned counsel for petitioners to enable the petitioners to file an appeal before the concerned Court. 10-11-2026 Note: Issue order copy by 12.11.2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm To The Judicial Magistrate (Mahila), Thiruvallur.
N.ANAND VENKATESH, J. gm Civil Revision Petition No.7010 of 2026 10-11-2026