Mr. S.P.Gandhi v. Mrs.Vasanthakumari And 5 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.08.2025 CORAM :
THE HONOURABLE MR. MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE SUNDER MOHAN and Sub Application No.1150 of 2024 S.P.Ganthi The President of Pallavaram 13th Ward Kudiiruppor Podhu Nala Sangam, Tambaram City, Zone-II, With the Registered Association No.81/2023 having office at No.7/2, Pillaiyar Koil Street, Essa Pallavaram, Chennai-600 043.
Petitioner Vs 1.Vasanthakumari O/o The Tambaram Municipal Corporation Mayor, Tambaram, Chennai-600 045.
2.Balachandar I.A.S., Commissioner O/o The Commissionerate Tambaram Municipal Corporation, Tambaram, Chennai-600 045.
3.Ponniah, I.A.S., Director of Municipality No.75, Municipality Administrative Building, Santhome High Road, MRC Nagar, R.A.Puram, Chennai-600 028.
4.Arulraj, I.A.S., District Collector Chengalpattu District, Chengalpattu.
5.Arumugam, Tahsildar O/o.The Tahsildar, Jamin Royapettah, Pallavaram, Chennai-600 044.
6.Sankara Gomathi, Village Administrative Officer O/o.The Village Administrative Office, No.31, GST Road, Essa Pallavaram, Chennai-600 043.
Respondents/ Contemnors PRAYER : Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for willful and deliberate disobedience of the order dated 22.04.2024 passed in W.P.No.10863 of 2024. For Petitioner:
Ms.Selvi Rajesh For Respondents:
Mr.P.Srinivas, Standing Counsel for respondent Nos.1 and 2 Mr.R.Ramanlaal Addl. Advocate General assisted by Mr.M.Habeeb Rahman, Government Advocate for respondent Nos.3 to 5
ORDER
(Order of the Court was made by the Hon'ble Chief Justice) Heard.
2. This contempt petition has been filed alleging willful disobedience of an order dated 22.4.2024 passed in W.P.No.10863 of 2024 (S.P.Gandhi v. The Mayor, Tambaram Municipal Corporation and others).
3. Learned counsel for the petitioner would submit that even though this court had issued specific directions for completion of survey in order to ascertain encroachment within a period of four months and take appropriate action, the respondent authorities have not complied with the order of the court in its true letter and spirit and till date, the encroachments have not been removed.
4. Referring to the averments made in the affidavit which has been filed by the fourth respondent, learned Additional Advocate General submitted that after the order was passed by this court, an enquiry was made by the Tahsildar and, upon completion of
enquiry, notices were issued to number of persons, who, according to the Tahsildar, were found to be encroachers. Those persons, however, approached this court by filing a writ petition and from a perusal of the order dated 10.6.2025 passed in W.P.No.18524 of 2025, it appears that those notices were under challenge and various orders/directions have been issued in the matter by a Coordinate Bench of this court.
5. In that view of the matter, the allegation that there was willful disobedience of the order of the court cannot be sustained and, therefore, this contempt petition stands closed. Rule stands discharged. There shall be no order as to costs. Consequently, interim application stands closed.
(MANINDRA MOHAN SHRIVASTAVA, CJ) (SUNDER MOHAN,J) 29.08.2025 Index :
Yes/No :
Yes/No sasi
THE HON'BLE CHIEF JUSTICE AND SUNDER MOHAN,J.
(sasi) 29.08.2025