Loorthusamy v. Aadhitya Senthilkumar And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Contempt Petition No. 4000 of 2024 Loorthusamy

...Petitioner

Vs.

1.Thiru.Aadithya Sentil Kumar The District Collector, Collectorate Office Building, Cuddalore District - 608703.

2.Thiru.Rajasekaran, The District Revenue Officer, Srimushnam, Cuddalore District - 608703.

3.Thiru.Balakrishnan, The Block Development Officer, Srimushnam, Cuddalore District - 608703.

...Respondents

Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the respondent No.3 under the contempt of the courts Act of callous indifference; especially the disobedience to order made in W.P.No.10487 of 2024 dated 18.04.2024.

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For Petitioner : Mr.D.Padmanabhan For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) Complaining disobedience of the order dated 18.04.2024, the petitioner is before us.

2. The operative portion of the order reads as follows:- "3. The petitioner may file a detailed reply within a period of seven days from today along with the documents on which the petitioner relies upon. If a reply is filed by the petitioner within seven days from today, then the Authorities shall consider the reply and the documents filed by the petitioner and take a decision afresh."

3. Pursuant to the said direction, it appears that the petitioner has submitted a detailed explanation on 22.04.2024. Claiming that no enquiry was conducted and stereo typed orders are passed by the Authority, the petitioner has accused the Authorities of contempt of court. 2/5

4. The learned Special Government Pleader has produced the proceedings of the Revenue Tahsildar, Srimushnam wherein, it is stated that the petitioner has encroached upon the road and suitable action is to be taken under the Land Encroachment Act, since Section 131(2) of the Tamilnadu Panchayats Act requires the Authority concerned to take action under the Land Encroachment Act and if the noticee fails to comply with the notice issued under Section 131(1).

5. In view of the said legal position, leaving it open to the respondents to take appropriate action under the Land Encroachment Act strictly adhering to the procedure set out therein, this Contempt Petition is closed.

(R.S.M., J.) (J.S.N.P., J.) 05.03.2025 kkn Index: No Speaking 3/5

To:

1.Thiru.Aadithya Sentil Kumar The District Collector, Collectorate Office Building, Cuddalore District - 608703.

2.Thiru.Rajasekaran, The District Revenue Officer, Srimushnam, Cuddalore District - 608703.

3.Thiru.Balakrishnan, The Block Development Officer, Srimushnam, Cuddalore District - 608703.

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R.SUBRAMANIAN, J.

and J. SATHYA NARAYANA PRASAD, J.

KKN Contempt Petition No. 4000 of 2024 05.03.2025 5/5