P.Selvam v. Sibi Adithya Senthil Kumar, Ias And 3 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20-02-2026
CORAM
THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN P.Selvam Son of Paavadai Mudaliyar Secretary Arulmighu Droupadhi Amman Aalaya Sengundhar Mahajana Sangam No.20/11, Sundaranaarveedhi Periyar Nagar South Virudhachalam 606001 Cuddalore District Petitioner Vs
1. Thiru.Sibi Adithya Senthil Kumar, I.A.S., The District Collector Cuddalore District
2. Tmt.Vishnu Priya The Revenue Divisional Officer Virudachalam, Cuddalore District
3. Tmt.Kanchana The Commissioner Virudachalam Municipality Virudhachalam - 606 001 Cuddalore District
4. Thiru.Aravindan The Tahsildar Virudachalam Taluk, Cuddalore District Contemnors
Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for wilful disobedience of the order dated 08.07.2025 passed by this Hon'ble Court in W.P.No.16597 of 2025. For Petitioner:
Mr.M.Elumalai For Contemnors:
Mr.M.Suresh Kumar Additional Advocate General assisted by Mr.M.Murali Government Advocate for R1, R2 & R4 Mr.P.Srinivas Standing Counsel for R3
ORDER
(Order of the Court was made by P.Velmurugan J.) Though this Court, while disposing of the writ petition by order dated 08.07.2025, without expressing any opinion on the merits of the matter, directed the respondents to consider the representations of the petitioner dated 01.04.2025 and 18.04.2025, after affording an opportunity of personal hearing to the petitioner, fifth respondent and other encroachers, and take a suitable decision in respect of removal of unauthorised construction put up by the fifth respondent and others in Survey.No.76, Old Survey No.103 to an extent of 65 cents, in accordance with law, within the stipulated time of eight weeks, alleging non-compliance of the said direction, the writ petitioner has filed the present contempt petition.
2. When the matter came up for hearing on 23.01.2026, this Court issued statutory notice for the appearance of the respondents. Pursuant to the same, the respondents are present before the Court today. The learned Additional Advocate General appearing on behalf of the contemnors 1, 2 & 4, relying upon the affidavit of compliance filed by the first contemnor, submitted that in pursuance of the order passed by this Court, the Revenue Tahsildar issued notices under Form-7 and Form-6 under the Tamil Nadu Land Encroachment Act, 1905 on 23.01.2026 and 31.01.2026 respectively to the encroachers and though the encroachers unsuccessfully filed an appeal under Section 10-A of the Act before the District Collector, the first contemnor passed the final orders dated 10.02.2026 for removal of encroachments.
He also submitted that the Director of Municipal Administration has recommended for initiating necessary disciplinary action against the Commissioner, Virudhachalam Municipality for the lapses to remove the unauthorised construction put up by the fifth respondent and a charge memo has been issued under Section 17(a) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules to the Revenue Tahsildar, Virudhachalam vide proceedings dated 02.02.2026 & 07.02.2026 respectively. Though a short delay occurred due to procedural requirements, the learned Additional Advocate General submitted that the order of this Court has been duly complied with in letter and spirit.
3. The contention of the learned Additional Advocate General cannot be
accepted by this Court at the contempt stage. A reading of the order shows that all the respondents were parties to the writ proceedings and they were directed to comply with the direction within the stipulated time of eight weeks. When the said order has not been challenged either by way of filing appeal or seeking for review, the contemnors cannot simply wash away their hands in order to escape from the clutches of law. When the Officers are public servants receiving monthly emoluments from the tax payers money, they cannot simply shirk their responsibility in matters like this, as they are accountable, more so when they were parties to the writ proceedings. Therefore, considering the facts and circumstances of the case, this Court exonerates the first, second and third contemnors from the contempt proceedings.
However, this Court finds the fourth contemnor guilty of contempt under Section 12 of the Contempt of Courts Act, since he has failed to comply with the direction issued by this Court within the stipulated time of eight weeks and the Department also issued a charge memo under Section 17(a) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules for his lapses, and directs him to pay a sum of Rs.2,000/- to the Tamil Nadu State Legal Services Authority, Chennai within a period of four weeks from today.
matter on merits in the contempt proceedings.
4. With the above direction and observation, this contempt petition stands ordered.
(P.VELMURUGAN J.) (M.JOTHIRAMAN J.) 20-02-2026 Index:Yes/No Speaking/Non-speaking order Internet:Yes ss
To
1. Thiru.Sibi Adithya Senthil Kumar, I.A.S., The District Collector Cuddalore District
2. Tmt.Vishnu Priya The Revenue Divisional Officer Virudachalam, Cuddalore District
3. Tmt.Kanchana The Commissioner Virudachalam Municipality Virudhachalam - 606 001 Cuddalore District
4. Thiru.Aravindan The Tahsildar Virudachalam Taluk, Cuddalore District
P.VELMURUGAN J.
AND M.JOTHIRAMAN J.
ss CONT P No. 3911 of 20-02-2026