Ganesan v. Karuppaiah,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.06.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MS.JUSTICE R.POORNIMA in W.P(MD)No.19791 of 2020 Ganesan ... Petitioner / Writ Petitioner Vs.

Karuppaiah, Tahsildar, Aranthangi Taluk, Pudukottai District.

(Respondent is substituted vide order of this Court dated 26.02.2026) ... Respondent Prayer: Contempt Petition filed under Section 11 of Contempts of Courts Act, 1971 to punish upon the Contemnor / Respondent for willful disobedience of the order passed by this Court in W.P(MD)No.19791 of 2020 dated 21.04.2021 and punish him according to law. For Petitioner : Mr.M.Suresh For Respondent : Mr.M.Kannan Government Advocate 1/4

ORDER

(Order of the Court was made by G.R.Swaminathan J.) Heard both sides.

2.The petitioner herein filed W.P(MD)No.19791 of 2020 and the Hon'ble Division Bench vide order dated 21.04.2021 had given a direction for removal of the encroachments by adopting due process of law. Unfortunately, for full five years, no action appears to have been taken. Only in the year 2026, Section 7 notice came to be issued. That was put to challenge by two of the encroachers. An order of status quo was originally granted. Subsequently, the writ petition was dismissed for non-prosecution. 15 days time was given for submitting explanations and the authorities were directed to take the process to its logical conclusion.

3.The learned Government Advocate informs the Court that the authorities will complete the process within a period of two weeks. 2/4

4.We record the said submission. However, the conduct of the revenue authorities cannot be ignored. The petitioner no doubt had committed a mistake by filing this petition only against the jurisdictional Block Development Officer. The Block Development Officer, it has been time and again reiterated has no power to physically cause removal. However, when the Division Bench was given a direction for removal of encroachments, the jurisdictional Tahsildar ought to have taken action in the matter immediately.

5.We direct the District Collector, Pudukottai to take note of the erroneous delay committed by the revenue department in this regard and issue suitable instructions so that the similar conduct is not repeated in the future.

6.With the aforesaid observation and direction, this Contempt Petition is closed.

[G.R.S., J.] [R.P, J.] 08.06.2026 MGA 3/4

G.R.SWAMINATHAN, J.

AND R.POORNIMA , J.

MGA To The Tahsildar, Aranthangi Taluk, Pudukottai District.

in W.P(MD)No.19791 of 2020 08.06.2026 4/4