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Madras High CourtCONT P(MD)/194/2025closed

Karnan v. P.Egaraj

2025-10-17Honourable Mr Justice P.Velmurugan,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2025 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Karnan ... Petitioner vs.

P.Egaraj, The Commissioner, Theni-Allinagaram Municipality, Theni Town & Taluk, Theni District.

... Respondent Prayer:- Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnor for his deliberate and wilful disobedience of the order of this Court made in W.P(MD)No.2263 of 2024 dated 05.02.2024.

For Petitioners : Mr.R.G.Shankar Ganesh For Respondent : Mr.B.Kaleeswaran, Standing Counsel

ORDER

(Order of the Court was made by P.VELMURUAN, J.) The petitioner has filed the Writ Petition to direct the 4th respondent to remove the encroachment in Survey Nos.598/1 and Page No.1 of 4

598/2, Ward No.9, (Old Ward No.12) Theni-Allinagaram Municipality, Theni Taluk and District based on the representation of the petitioner dated 02.07.2021 within a time frame. This Court by order dated 05.02.2024, passed the following order:

''6.Considering the facts and circumstances of the case, without going into the merits of the case, we direct the 4th respondent to conduct a survey on the property in question and during survey, if it is found that there is any encroachment, take action for removal of encroachment, after providing opportunity to the parties concerned. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. 7.With the above direction, this Writ Petition stands disposed of. No costs.''

2.

Alleging non compliance of the said order, the petitioner has filed this contempt petition.

3.

Today, when the matter was taken up for hearing, learned counsel for the respondent would submit that as per the directions of this Court, survey was conducted and it was found that the property in question was the private property and that there is no encroachment.

Page No.2 of 4

4.

Recording the said submission, this Contempt Petition is closed. If at all the petitioner is aggrieved, he can work out his remedy in the manner known to law.

[P.V, J.] [R.V, J.] 17.10.2025 Index : Yes / No : Yes / No bala To Mr.P.Egaraj, The Commissioner, Theni-Allinagaram Municipality, Theni Town & Taluk, Theni District.

Page No.3 of 4

P.VELMURUGAN , J.

AND R.VIJAYAKUMAR , J.

bala 17.10.2025 Page No.4 of 4