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Madras High CourtCONT P(MD)/251/2025closed

R.M.Duraisamy v. M.Manikavasagam

2025-08-21Honourable Mr Justice A.D.Jagadish Chandira,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA AND THE HONOURABLE MS.JUSTICE L.VICTORIA GOWRI Cont.P(MD)No.251 of 2025 in W.P(MD)No.8460 of 2018 R.M.Duraisamy ... Petitioner/ Petitioner -VsMr.Manikavasagam, The Thasildar, Thirupathur, Sivagangai District.

... Contemnor / 3rd Respondent PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the contemnor, for his deliberate and willful disobedience of the order of this Court dated 30.11.2023 made in W.P(MD) No.8460 of 2018. For Petitioner : Mr.J.Jeyakumaran For Respondent : Mr.B.Ramanathan Additional Government Pleader

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA,J.) This contempt petition is filed to punish the contemnor, for his deliberate and willful disobedience of the order of this Court dated 30.11.2023 made in W.P(MD) No.8460 of 2018

2. Based on the submission given by the learned Government Advocate that survey would be conducted and if encroachment is found, then, action in accordance with law would be undertaken, this Court disposed of the writ petition in W.P.(MD)No.8460 of 2018, dated 30.11.2023 with the following observations:- "We have heard the learned counsel for the petitioner, learned Government Advocate for the respondents 1 to 3 and the learned counsel for the respondents 4 to 6.

2. The petitioner alleges encroachment on behalf of the respondents 4 to 6.

3.The learned counsel for the respondents 4 to 6 submits that no encroachment was made by the respondents 4 to 6. 4.The learned Government Advocate submits that survey would be conducted and if encroachment is found, then, action in accordance with law would be undertaken.

5. In view of the said submission, the writ petition stands disposed of. However, there is no order as to costs. "

3.Today when the matter is taken up for hearing, the learned Additional Government Pleader would submit that Pursuant to the order passed by this Court in W.P.(MD)No.8460 of 2018, dated 30.11.2023, the respondent/contemnor has furnished a report dated 21.04.2025. In the report, it is stated that an enquiry was conducted on 11.04.2025 in the presence of the petitioner, namely, R.M.Duraisamy, and survey was conducted. During the survey, it was found that there was no encroachment in S.No.788/5, in Ward No.2, V.Malampatti Village, S.Velankudi Post, Tirupathur Taluk, Sivagangai District, and the petitioner is present and had also acknowledged that there was no encroachment. He would further submit that the order of this Court dated 30.11.2023 in W.P(MD)No. 8460 of 2018 has been duly complied with.

4. Recording the same, the contempt petition stands closed. The report of the contemnor/respondent shall form part of the order. [A.D.J.C., J.] & [L.V.G., J.] 21.08.2025 NCC:Yes/No Index:Yes/No vsg To Mr.Manikavasagam, The Thasildar, Thirupathur,Sivagangai District.

A.D.JAGADISH CHANDIRA , J.

AND L.VICTORIA GOWRI , J.

vsg Cont.P(MD)No.251 of 2025 in W.P(MD)No.8460 of 2018 21.08.2025