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Madras High CourtSUB APPL/496/2023dismissed

P. Mohan v. B. Ajith Reddy, And Another

2026-02-04Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN IN CONT P NO. 2221 OF 2018 P. Mohan S/o. M. Pinna Thevar, Residing At Flat No. 18/a, 1st Street, Dr. T M Nagar, Nungambakkam, Chennai-600034.

..Applicant(s) Vs

1. B. AJITH REDDY, and another The Chief Executive Officer, Cantonment Board, North Parade Road, St.Thomas Mount Chennai 600 016.

2. The Deputy Commissioner of Police, Law and Order, St.Thomas Mount, Chennai 600 016.

(Suo Motu impleaded as party respondent vide order dated 23.01.2019 by the Hon'ble Division Bench).

..Respondent(s) To re-open the case for the purpose of punishing the respondents/respondents, who have failed to comply the order of this Hon'ble High Court passed in W.P.No.7182 of 2020 etc., batch and Contempt Petition

No.2221 of 2018, dated 20/09/2022.

CONT P No. 2221 of 2018 To punish the respondent herein for the willful disobedience of the orders of this honble court made in W.P.No. 14244 of 2016 dated 13/04/2017 For Applicant(s):

M/s.V.Jayachandran For Respondent(s):

Mr./a.Rexy Josephine Mary, for Mr.C.Mohan for M/s.King & Partridge For R1 Mr.M.Babu Muthu Meeran, Addl. Public Prosecutor for R2

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present sub-application has been instituted to re-open the Contempt Petition which was closed.

2. This Court passed an order on 20.09.2022 directing the respondents to evict the encroachers by following the procedures. The status report filed by the Chief Executive Officer of Cantonment Board, St.Thomas Mount would show that fifteen encroachers were identified and those encroachers had already been removed. In respect of other encroachers an appeal was preferred and that was rejected by the District Court. Challenging the said order, a Civil Revision Petition came to be instituted before the High Court in C.R.P.Nos.2129, 2130, 2131, 2135 and 2119 of 2024. The Civil Revision Petitions were disposed of on 09.01.2025 directing the Cantonment Board Authorities to consider the representations submitted by those encroachers.

3. The learned counsel for the respondent Board would submit that the Authorities are in the process of considering the representations and after disposal of the same, they will continue the enforcement action and remove the encroachments as per the orders of this Court dated 20.09.2022.

4. The learned Additional Public Prosecutor appearing for the 2nd respondent would submit that necessary police protection has been extended to the Authorities.

5. Since the respondents are continuously pursuing the matter for removal of encroachments and encroachers also have exhausted the remedies available to them, this Court does not find any wilful disobedience on the part of the respondents in implementing the orders of this Court. However, it is made clear that after disposal of the representations, the enforcement action shall be concluded as expeditiously as possible.

6. Accordingly, this Sub-Application stands dismissed. No costs. (S.M.S.,J.) (C.K.,J.) 04-02-2026 Index: Yes/No Speaking/Non-speaking order DSA

To

1. B. AJITH REDDY, and another The Chief Executive Officer, Cantonment Board, North Parade Road, St.Thomas Mount Chennai 600 016.

2. The Deputy Commissioner of Police, Law and Order, St.Thomas Mount, Chennai 600 016.

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

DSA IN CONT P NO. 2221 OF 2018 04-02-2026