S. Lingaraj v. District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE W.P(MD)No.7542 of 2025 and W.P.(MD) No.7542 of 2025:

S.Lingaraj ... Petitioner Vs.

1.District Collector, Thoothukudi District, Thoothukudi-628 101.

2.Revenue Divisional Officer, Tiruchendur Revenue Division, Tiruchendur-628 215.

3.Tashildar, Tiruchendur Taluk, Tiruchendur-628 215.

4.Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur-628 215.

5.Commissioner, Tiruchendur Municipality, Tiruchendur-628 215.

6.S.Daniel Raja 7.T.Lingaperumal 1/8

8.Vanniyaperumal 9.Shanmughasundaram 10.Rathnasabapathy Nadar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the third to fifth respondents to remove the constructed wall by the eighth and ninth respondents and fencing put up by the 10th respondent in the common pathway situated at Anbu Nagar and Thendral Nagar in Keela Tiruchendur Village, Tiruchendur Municipality Limit, Thoothukudi District on a war footing manner. For Petitioner :

Mr.S.Sankar For RR1 to 3 :

Mr.P.Thilakkumar Government Pleader For R4 :

Mr.T.Senthilkumar Additional Public Prosecutor For R5 :

Mr.H.Arumugam For R7 :

Mr.M.Silambarasan For RR8 & 10 :

Mr.K.Sivabalan for Mr.S.Vijayakumar For R9 :

Mr.Sankar 2/8

Cont.P.(MD) No.2384 of 2023:

A.Velkumar ... Contempt Petitioner/ Petitioner Vs.

1.Lakshmibathi, District Collector, Thoothukudi District, Thoothukudi.

2.Guru Chandran, Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

3.Vamanan, Tashildar, Tiruchendur Taluk, Thoothukudi District.

4.Kanmani, Commissioner, Tiruchendur Municipality, Thoothukudi District.

... Contemnors/ Respondents 1 to 4 PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors/respondents for their deliberate and willful disobedience of the order of this Court dated 02.03.2023 made in W.P.(MD) No.4481 of 2023.

For Petitioner :

Mr.Aayiram K.Selvakumar 3/8

For RR1 to 3 :

Mr.P.Thilakkumar Government Pleader For R4 :

Mr.H.Arumugam COMMON ORDER [Order of the Court was made by S.M.SUBRAMANIAM, J.] 1.1. W.P.(MD) No.7542 of 2025 has been instituted to direct respondents 3 to 5 to remove the constructed wall put up by respondents 8 and 9 and the fencing put up by the tenth respondent in the common pathway situated at Anbu Nagar and Thendral Nagar in Keela Tiruchendur Village, Tiruchendur Municipality Limit, Thoothukudi District on a war footing manner. 1.2. Contempt Petition (MD) No.2384 of 2023 has been filed to punish the respondents for their deliberate and willful disobedience of the order of this Court dated 02.03.2023 made in W.P.(MD) No.4481 of 2023.

2. The allegation mainly set out in the writ petition is that even after demolition of the compound wall and the fencing pursuant to the orders of this Court, respondents 6 to 10 in the writ petition are 4/8

reconstructing the same. Since they have reconstructed the compound wall violating the orders of this Court, both the writ petition as well as the contempt petition came to be instituted.

3. Since respondents 6 to 10 in the writ petition are repeatedly violating the order of this Court, they were directed to be present before this Court today vide its order dated 16.07.2025. Accordingly, respondents 7, 9 and 10 namely, Lingaperumal, Shanmugasundaram and Rathinasabapathy are present before this Court.

4. Mr.P.Muthu, Sub-Inspector of Police, Tiruchendur Police Station is also present before this Court.

5. The private respondents have given an undertaking that they will not put up further construction hereinafter.

6. In view of the said undertaking given by the private respondents, no further adjudication is required on merits in the writ petition in W.P.(MD) No.7542 of 2025 and the same stands closed. There shall be no order as to costs.

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7. In view of the order passed in W.P.(MD) No.7542 of 2025, Contempt Petition (MD) No.2384 of 2023 is also closed.

8. If at all any civil rights are to be established, the parties are at liberty to approach the civil Court of law. [S.M.S., J.] [A.D.M.C., J.] 22.07.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 6/8

To 1.The District Collector, Thoothukudi District, Thoothukudi-628 101.

2.The Revenue Divisional Officer, Tiruchendur Revenue Division, Tiruchendur-628 215.

3.The Tashildar, Tiruchendur Taluk, Tiruchendur-628 215.

4.The Inspector of Police, Tiruchendur Taluk Police Station, Tiruchendur-628 215.

5.The Commissioner, Tiruchendur Municipality, Tiruchendur-628 215.

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S.M.SUBRAMANIAM, J.

and DR.A.D.MARIA CLETE, J.

abr W.P.(MD)No.7542 of 2025 and 22.07.2025 8/8