Janarthanan v. Ramanathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.P.(MD)No.28571 of 2024 Janarthanan ... Petitioner Vs.

Ramanathan, The Tahsildar Sattur Taluk, Viruthunagar District.

... Respondent Prayer : Contempt petition is filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings under Section 11 of the Contempt of Courts Act, 1971, against the respondent herein for his willful disobedience of comply the order passed by this Court in W.P.(MD).No.28571 of 2024 dated 13-12-2024 and punish him accordingly.

For Petitioner : Mr.A.Azhageson For Respondent : Mr.A.Kannan, Addl. Government Pleader.

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ORDER

Heard both sides.

2.The petitioner filed W.P.(MD)No.28571 of 2024 to call upon the authorities to clear the encroachments in the petition mentioned water body. The writ petition was disposed of by us in the following terms:- "Heard both sides.

2.It is not in dispute that a water channel flows through S.No.75/1 in K.Chokkalingapuram Village, Sathur Taluk. It appears that pursuant to the direction given in W.P.(MD)No. 25419 of 2024 (Vellaiyappan V. The District Collector) on 20.11.2024, to facilitate the access to burial ground, the bund portion has been strengthened.

3.The learned Additional Public Prosecutor categorically states that the free flow of water has not in any way been impedded. It is further stated that the width of the channel is also being substantially maintained. If there is any obstruction of free flow of water, it is always open to the petitioner to file contempt petition before this Court.

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4.With this liberty to the petitioner, this writ petition stands disposed of. No costs."

3.The petitioner now alleges that a pucca road had been put up on the bund leading to substantial reduction of the width of the water body. According to the petitioner, the water body should be 30 feet wide and that as of now the width is only 5 feet.

4.This is contested by the learned Additional Government Pleader. However, he on written instructions from the Tahsildar, Sattur Taluk states that even at present, the width of the water body is 40 feet. 5.Recording the said submission, this contempt petition is closed. (G.R.S.J.,) & (B.P.J.,) 03.06.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:- Ramanathan, The Tahsildar Sattur Taluk, Viruthunagar District.

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G.R.SWAMINATHAN, J.

and B.PUGALENDHI, J.

ias in W.P.(MD)No.28571 of 2024 03.06.2025 4/4