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Madras High CourtCONT P/511/2026closed

R.Elumalai, v. Thiru. S.Shiek Abdul Rahman, Ias., And 4 Others

2026-04-15Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice K. Surender5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15-04-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE K. SURENDER AND SUB APPL No. 171 of 2026 R.Elumalai, No.7, Akbarabad 1st Street, Kodambakkam, Chennai-600 024.

..Petitioner(s) Vs

1. Thiru. S.Shiek Abdul Rahman, IAS., and 4 others The District Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram-605 602.

2. Thiru. Velu, The Tahsildar, Melmalaiyanur Taluk, Villupuram District-604204.

3. Thiru. Ekambaram, The Block Development Officer, Melmalaiyanur Taluk, Villupuram District-604204

4. Tmt. Saroja Mani, The Village President Theppirampattu Village Panchayat, Melmalaiyanur Taluk, Villupuram District-604204.

5. H. Arjunan, S/o. Shri Hariputhram, Survey No.222/16, Theppirampattu Village, Melmalaiyanur Taluk, Villupuram District-604204.

..Contemnor(s) SUB APPL No. 171 of 2026 R.Elumalai No.7, Akbarabad 1st Street, Kodambakkam, Chennai-600 024.

..Applicant(s) Vs

1. Thiru. S.Shiek Abdul Rahman, IAS., and 4 others The District Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram-605 602.

2. Thiru. Velu, The Tahsildar, Melmalaiyanur Taluk, Villupuram District-604204.

3. Thiru. Ekambaram, The Block Development Officer, Melmalaiyanur Taluk, Villupuram District-604204

4. Tmt. Saroja Mani, The Village President Theppirampattu Village Panchayat, Melmalaiyanur Taluk, Villupuram District-604204.

5. H. Arjunan, S/o. Shri Hariputhram, Survey No.222/16, Theppirampattu Village, Melmalaiyanur Taluk, Villupuram District-604204.

..Respondent(s) To punish the 2nd Respondent for contempt of non-compliance of the Order dated 18.06.2025 and passed by this Hon'ble Court in W.P.No. 20578 of 2025 SUB APPL No. 171 of 2026

To direct the 2nd Respondent to file the Survey Report of Survey No. 222/16, Theppirampattu Village, Melmalaiyanur Taluk, Villupuram District - pending the present Contempt Petition and in compliance with the Order dated 18.06.2025 in W.P.No. 20578 of 2025 For Petitioner(s):

Mr.R.Pravesh For Contemnor(s):

Mr.D.Ravichander, Spl. Government Pleader for R1 to R4 Mr.E.Nivedhitha for R5 Order (Order of the Court was made by S.M.Subramaniam J.) In pursuant to the order passed by this Court dated 18.06.2025, the Tahsildar, Melmalaiyanur, filed a compliance report dated 08.04.2026. The relevant paragraphs of the report reads as under:

8. It is submitted that the questioned land situated at S.No.222/16 is an Unobjectionable Poramboke land which is classified as Natham as per village Accounts and the same is under Residential encroachment. Further, it is also pertinent to submit and highlight that as per, orders relating to assignment of House site one family in rural area is eligible for 3 cent i.e.. 120 Sq.mts., as per RSO 21(2)(xiii). In the case of the R5 only 54 Sq.mts have been assigned. The total extent covered by the constructed house is only 54 + 46 = 100 Sq.mts with in the above ceiling limit.

9. I submit in the above inordinate circumstances, it has been considered that the entire area covered by the House and toilets of Tmt.Kasiyammal i.e which includes the questioned encroachment portion of 46 Sq.mts., made by

her is just within the ceiling limit of 120 sq.mts as it may be assigned to R5 family as to avoid problem and at the same time it will be just to the needy poor agriculture family in the rural area. Hence, I submit that I have assigned the encroached area of 46 sq.mts to R5 family on 13.03.2026, concluding an end to the issue and settled the matter without any disturbance made to the petitioner as well as other public in future.

10. I wish to submit that the encroachment portion of 46 sq.mtr situated at S.No.222/16 of Theppirampattu village made by 5th respondent wife Tmt.Kasiyammal were assigned as house site patta to an extent of 46 sq.mts in her name by 2nd Resepondent non 13.03.2026 ony by considering her poor situation and also to avoid law and order situation on issuance nof the above said patta, the petitioner Thiru.Elumalai would not suffer any more and he has the accesto his patta land on other side without any disturbance thereof. Further it is submitted that there is no nother encroachment in the above said S.No.222/16 of Theppiraampattu Village, Melmalayanur jTaluk, Villupuram District.

2. In view of the above factual position, no further action under the contempt proceedings is to be taken. Consequently, the Contempt Petition stands closed. No costs. Consequently, connected Sub-Application, stands closed.

(S.M.S.,J.) (K.S.,J.) 15-04-2026 vsi

S.M.SUBRAMANIAM J.

AND K.SURENDER J.

VSI AND SUB APPL NO. 171 OF 2026 15-04-2026