B.Kumar v. Mrs.Azhagumena Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ B.Kumar : Petitioner versus Azhagumeena, IAS, Commissioner, Tambaram Corporation, Chennai 600 045 : Respondent PRAYER: Petition filed to punish the respondent for wilfully disobeying the order of this Court dated 31.03.2023 in Cont.P.No.1130 of 2017. For Petitioner :

Mr.K.Elango, for M/s.Krishna Law Associates For Respondent :

Mr.P.Srinivas, Standing counsel 1/4

ORDER

The contempt petition has been instituted to punish the respondent for her wilful disobedience of the order dated 31.03.2023 passed in Contempt Petition No.1130 of 2017.

2. The Division Bench of this Court passed an order on 12.08.2014 directing the Tahsildar, Tambaram Taluk to carry out the survey and if the allegations of the writ petitioner is found to be correct, initiate action in accordance with law after issuing notice to the concerned parties. Contempt Petition has been instituted in Contempt Petition No.1130 of 2017. The said contempt petition was closed based on the submission made on behalf of Tambaram Corporation. Thereafter, the present contempt petition has been filed stating that the submission made on behalf of Tambaram Corporation is incorrect and the encroachers have not been removed.

3. In this context, the report of the Tahsildar, Tambaram dated 19.07.2024 reveals that a survey had been conducted by the revenue authorities. After conducting survey, the Tahsildar formed an opinion that the land has been originally classified as Grama Natham and the occupants are holding title over the 2/4

property. Therefore, it cannot be construed as an encroachment. This Court is not inclined to go into the correctness of the order passed by the Tahsildar and it is for the aggrieved persons to challenge the said order, if required. However, the respondent has not committed any wilful disobedience of the orders of this Court since the survey had already been conducted and the Thasildar has formed an opinion that there is no encroachment. Consequently, contempt petition stands closed.

(S.M.S., J.) (M.S.Q., J.) 06.10.2025 Speaking (or) Non Speaking Order mrn 3/4

S.M.SUBRAMANIAM, J.

and MOHAMMED SHAFFIQ, J.

(mrn) 06.10.2025 4/4