Chithra v. Thirunavukarasu

CONT P(MD) NO. 548 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22-10-2025

CORAM

THE HONOURABLE MR JUSTICE P.VELMURUGAN AND THE HONOURABLE MR JUSTICE K.K.RAMAKRISHNAN CONT P(MD) NO. 548 of 2024 Chithra W/o.Radhakrishnan, D.No.61, Paravakottai Village, Maramadakki Post, Arandhangi Taluk, Pudukottai District.

Petitioner(s) Vs.

1. Mr.Thirunavukarasu, The Tahsildhar, Aranthangi Taluk Office, Aranthangi, Pudukottai District.

2. The Divisional Engineer, Highways Department, Aranthangi, Thanjavur District.

(R2 was impleaded by order dated 06.08.2025 in Cont.P(MD)No. 548/2024) Respondent(s) For Petitioner(s): Mr.6S.Vidhya Sagar For Respondent(s): Mr.P.Subbaraj, Special Government Pleader Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to summon the Respondent herein and punish them for willful disobedience of the order of this Honourable Court made in W.P(MD)No.23395 of 2023, dated 29.11.2023 and to pass such further or other order as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice.

ORDER

(Order of the Court was made by the Hon'ble P.VELMURUGAN J.) The petitioner has filed the present contempt petition alleging wilful disobedience of the order of this Court dated 29.11.2023 contending that till date the respondents have not taken any steps to comply with the order of this Court.

2. When the contempt petition came up for hearing on 06.08.2025, the learned Additional Government Pleader submitted that pursuant to issuance of Section 7 notice, the encroachers namely, Ganesamoorthy and Seenivasan approached this Court by filing W.P(MD)No.10929 of 2025 and the Division Bench by order dated 28.04.2025, directed the Highway authorities to initiate necessary action for removal of encroachment since the encroachments were made on Highways' land. In view of the said submission, this Court directed the Registry to implead the Divisional Engineer, Highways Department, Aranthangi, Thanjavur District as party respondent in this contempt petition and accordingly he has been impleaded as 2nd respondent in this case. The Divisional Engineer, Highways Department, has also filed the compliance report dated 17.10.2025 that the encroachers themselves have vacated the encroachments and there is no encroachment in the property in question.

3. Reading of the order passed by this Court in W.P(MD)No.23395 of 2023, dated 29.11.2023, shows that when the said writ petition came up for hearing, the learned Government Advocate appearing for the respondents 1 and 2 therein, submitted that a notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, was issued on 01.08.2023 and that the authority would continue with the further proceedings. Based

on the said submission, the writ petition was closed. In the said order, no specific time limit was fixed. Under these circumstances, this Court finds there is no wilful disobedience.

4. Hence, the Contempt Petition is closed. However, the petitioner is at liberty to work out his remedy if there is any obstruction in front of his shop/property. (P.VELMURUGAN J.) (K.K.RAMAKRISHNAN J.) 22-10-2025 Index : Yes/No Internet : Yes/No bala To

1. Mr.Thirunavukarasu, The Tahsildhar, Aranthangi Taluk Office, Aranthangi, Pudukottai District.

2. The Divisional Engineer, Highways Department, Aranthangi, Thanjavur District.

P.VELMURUGAN , J.

AND K.K.RAMAKRISHNAN , J.

bala ORDER MADE IN CONT.P(MD)No.548 of 2024 DATED : 22 .10.2025