A.Radhakrishnan v. V.Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 25.09.2024 Coram:

THE HONOURABLE MR.D.K.KRISHNAKUMAR, ACTING CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.B.BALAJI -- A.Radhakrishnan .. Petitioner Vs.

Thiru.V.Suresh, Tahsildar, Rasipuram Taluk, Namakkal District.

.. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent herein for wilful disobedience and violating the order of this Court, dated 16.09.2022 made in W.P.No.24952 of 2022 on the file of this Court.

For petitioner : Mr.A.Radhakrishnan, Party-in-person For respondent: Mr.M.Habeed Rahman, Govt. Advocate

ORDER

(The Order of the Court was made by The Honourable Acting Chief Justice) This Contempt Petition has been filed to punish the respondent herein for 1 / 5

wilful disobedience and violating the order of this Court, dated 16.09.2022 made in W.P.No.24952 of 2022 on the file of this Court.

2. According to the petitioner, there are encroachments in S.Nos.136, 137, 140, 141, 142, 143, 144, 146 and 147, situated at Pudupatti, Rasipuram Taluk, Namakkal District and the said survey numbers are classified as water-course, forest land and cart track. Further, the respondent-Tahsildar had issued and served notice on the encroachers and that the said encroachment had to be removed.

3. According to the learned Government Advocate, except the encroachment in S.No.141/4, 140/2 and 140/3, the other encroachments have been removed and the respondent seeks time for vacating the encroachers from the respective properties. In this regard, learned Government Advocate produced a copy of the letter dated 19.09.2024 in Na.Ka.No.6898/2022/B.5, issued by the Revenue Tahsildar, Rasipuram to the learned Government Advocate.

4. In view of the above submission made by the learned Government Advocate, two weeks' time from today is granted for removing the encroachment, if still any exists in the above said properties and if the said encroachments are not removed within the said time, the respondent-Tahsildar is directed to take necessary action for removal of the said encroachment and to take possession by following the procedures contemplated under law and report 2 / 5

compliance to this Court.

5. With the above observations and directions, this Contempt Petition is closed, making it clear that when once the encroachments are removed, the respondent-Tahsildar shall lay road, if necessary, to prevent the further encroachment in future in the above said properties. The respondent-Tahsildar shall communicate this order to the encroachers who have not vacated from the respective properties.

6. There shall be no order as to costs.

(D.K.K., ACJ) (P.B.B.,J) 25.09.2024 cs To Tahsildar, Rasipuram Taluk, Namakkal District.

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HONOURABLE ACTING CHIEF JUSTICE and P.B.BALAJI, J cs 4 / 5

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