M. Sarala v. M. Raja Raman, I.A.S.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM M.Sarala ...

Petitioner Vs.

1 M. Raja Raman I.A.S.

The State of Tamilnadu, Secretary to Government, Department of Revenue, Fort St. George, Chennai 600 009.

2 S.Valarmathi The District Collector, Ranipet, Ranipet District.

3 V. Manonmani The Revenue Divisional Officer, Ranipet Ranipet District.

4 P.A. Arul Selvam, Tahsildar, Arcot, Ranipet District.

5 Tmt. Dhanalakshmi The Inspector of Police, Timiri Police Station, Ranipet District.

...

Respondents

PRAYER: Contempt petition filed under Section 11 of Contempt of Court Act, 1971, to punish the respondents for their wilful disobedience of the order passed in W.P.No. 24465 of 2023 dated 23.08.2023. For Petitioner : Mr.B.Sundarapandiyan For Respondent : Mr.S.J.Mohamed Sathik Government Advocate

O R D E R

This petition is filed to punish the respondents for their wilful disobedience of the order dated 23.08.2023, passed in W.P.No. 24465 of 2023.

2.Pursuant to the directions issued by this Court, the Tahsildar, Arcot, Ranipet, issued notice and the copy was served to the persons. However, the petitioner would submit that no notice was served to the petitioner. In this regard, the learned Government Pleader would submit that the petitioner and some other persons in that area are identified as encroachers. 3.Encroachers are not entitled to seek any relief to survey the lands. Once the authorities have found that the subject property is the Government

property and it is under encroachment, they are bound to initiate action for eviction of encroachment by following due process under the provisions of the Encroachment Act. A direction was issued by this Court only to survey the lands. Pursuant to the directions, the Tahsildar conducted survey and found that the encroachments are made in respect of the Government lands. That being so, the respondents have not committed any contempt willfully. If at all the petitioner claims title over the property, it is for her to approach the competent Civil Court of law for the purpose of establishing her civil rights. However, the respondents are empowered to initiate all actions to remove the encroachment by following due process. 4.Accordingly, the contempt petition stands closed. sli 13.09.2024 Internet:Yes Index:Yes/No Speaking/Non speaking order NCC: Yes/No

1 M. Raja Raman I.A.S.

The State of Tamilnadu, Secretary to Government, Department of Revenue, Fort St. George, Chennai 600 009.

2 S.Valarmathi The District Collector, Ranipet, Ranipet District.

3 V. Manonmani The Revenue Divisional Officer, Ranipet Ranipet District.

4 P.A. Arul Selvam, Tahsildar, Arcot, Ranipet District.

5 Tmt. Dhanalakshmi The Inspector of Police, Timiri Police Station, Ranipet District.

6 The Public Prosecutor, High Court, Madras.

S.M.SUBRAMANIAM,J.

sli 13.09.2024