D.Yamuna v. Sivanantham And Another

2026:MHC:994

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06-03-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER D.Yamuna ..Petitioner(s) Vs

1. Sivanantham The Revenue Divisional Officer, Gobichettipalayam, Erode District.

2. Saravanan The Thasildhar, Office of Thasildar, Bhavani, Erode District ..Contemnor(s) Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for Contempt of Court under Contempt of Court Act 1971 for willful disobedience of the order passed by this Court dated 06.06.2025 passed in W.P.No. 17322 of 2025. For Petitioner(s):

Mr.R.Nalliyappan For Contemnor(s):

Mr D Ravichander Special Government Pleader For R1 And R2

ORDER

(Order of the Court was made by S.M.Subramaniam J.) In pursuant to the orders of this Court dated 06.06.2025 in WP.No.17322 of 2025, Revenue Tahsildar conducted survey. During the course of survey, authorities identified encroachments in 'cart track'. Encroachers have instituted a suit in OS.No.59 of 2025 on the file of the District Munsif Court, Bhavani. The fact remains that complaint referred to District Level Monitoring Committee, who also conducted an enquiry and found that there is an encroachment on cart track and such encroachment is to be removed.

2. In view of an expressed bar for institution of suit under Section 14 of the Tamil Nadu Land Encroachment Act, Civil Court cannot grant any injunction in respect of the Government land. Thus, there is no impediment for the authorities to proceed with the enforcement action and remove the encroachments by maintaining public pathway free for usage to the general public. Since enforcement actions have already been commenced, authorities are directed to conclude the same as expeditiously as possible.

3. Accordingly, the contempt petition is closed. No costs. (S.M.S.,J.) (K.S.,J.) 06-03-2026 Index: Yes/No Speaking/Non-speaking order GD

To

1. Sivanantham The Revenue Divisional Officer, Gobichettipalayam, Erode District.

2. Saravanan The Thasildhar, Office of Thasildar, Bhavani, Erode District

S.M.SUBRAMANIAM, J.

AND K.SURENDER, J.

GD 06-03-2026