T.Rajakumar v. G.Lakshmipathy Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P(MD)No.8135 of 2020 T.Rajakumar ... Petitioner / Petitioner Vs.

1.G.Lakshmipathy, I.A.S., District Collector, Tuticorin, Tuticorin District.

2.Prabhu I.A.S., Sub Divisional Magistrate and Sub Collector, Tuticorin.

... Contemnors / Respondents 1 & 2 3.Selvakumar, Revenue Inspector, Kumaragiri Village, 4.Sivagurunathan, Village Administrative Officer, Kumaragiri Village, 1/4

(The cause title is accepted as per Court order dated 23.09.2024 in SUB A(MD)Nos.186 & 187 of 2024) ... Contemnors / Respondents 3 & 4 PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor / third respondent under the Contempt of Court Act for willful disobedience of order of this Court passed in W.P(MD)No.8135 of 2020 dated 01.09.2020.

For Petitioner : Mr.H.Arumugam For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The petitioner had filed W.P(MD)No.8135 of 2020 for removal of copper slag deposited in Survey Nos.336/2 and 336/3, Kumaragiri Village. Contending that his efforts are being thwarted by the revenue officials, this Contempt Petition has been filed. 3.When the matter was taken up for hearing, the learned Special Government Pleader informed the Court that the revenue authorities have 2/4

no objections for the petitioner to remove the copper slag from his land. This submission is placed on record and the petitioner is permitted to remove the copper slag on his own.

4.The learned Special Government Pleader also added that the petitioner had put up a concrete wall on the river area and this constitutes encroachment. The revenue authorities are permitted to conduct survey on 04.11.2024 from 10.00 a.m onwards. If any encroachment is established, it is always open to the revenue authorities to adhere to due process of law it is shall be removed. The removal of encroachment and the removal of copper slag need not be tagged. There is no need to issue any fresh survey notice to the contempt petitioner herein. He shall be present at the spot on 04.11.2024 at 10.00 a.m. 5.This Contempt Petition is closed accordingly. 25.10.2024 Index : Yes / No Internet : Yes/ No NCC : Yes / No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Collector, Tuticorin, Tuticorin District.

2.The Sub Divisional Magistrate and Sub Collector, Tuticorin.

3.The Revenue Inspector, Kumaragiri Village, 4.The Village Administrative Officer, Kumaragiri Village, in W.P(MD)No.8135 of 2020 25.10.2024 4/4