S.Mageshwari, v. Mr. A.J.Mohammed Samsudin,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.06.2025

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN S. Mageshwari ... Petitioner

Versus

Mr. A.J. Mohammed Samsudin, The Commissioner, Arni Municipality, Arni Town, Tiruvannamalai - 632 301.

... Respondent Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for wilful disobedience of the order dated 19.08.2024, in W.P.No.14562 of 2024 under the Contempt of Courts Act, 1971.

For Petitioner : Mr. K. Shakespeare For Respondents : Mr. P. Srinivas, Senior Counsel

ORDER

This Contempt Petition has been filed to punish the respondent for non-compliance of the order dated 19.08.2024, passed by this Court in W.P.No.14562 of 2024, directing the respondent to restore the water connection to the petitioner if otherwise eligible, in accordance with law. 2.

Learned Senior Counsel appearing for the respondent produced a copy of letter from the Municipality of Arni, vide in Na.Ka.No.481/2024/E2 dated 19.06.2025 and stated that aggrieved by the order of this Court passed in W.P.No.14562 of 2024, the respondent's authority had appealed in various cases before this Court, including one in the Supreme Court in SLP(C).No.11169 of 2023. Further, he submitted that the Hon'ble Supreme Court of India ruled that there is no bar to removing the encroachments. Consequently, the land, where the petitioner requires restoration of the water connection, is a Government land that has been encroached by the petitioner. Therefore, the petitioner is not entitled to claim the relief. The said letter dated 19.06.2025 issued by the Municipality of Arni was taken on record.

3.

In view of the above submissions, no contempt is made out as against the respondent.

4.

Recording the above submissions, the Contempt Petition stands closed.

25.06.2025 Index : Yes/No : Yes/No Speaking/Non Speaking order klt

G.K.ILANTHIRAIYAN, J.

klt 25.06.2025