S.Vinayagamani v. Sangeetha Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA and THE HON'BLE MR. JUSTICE K.K. RAMAKRISHNAN and Sub.A.(MD)No.153 of 2025 S.Vinayagamani ... Petitioner Vs Tmt.Sangeetha, I.A.S., The District Collector, Madurai District, Madurai.

... Respondent Prayer: Petition filed under Section 11 of Contempt of Court Act, to punish the respondent for willful disobedience of the order passed by this Hon'ble Court in W.P(MD)No.23430 of 2023 dated 29.11.2023.

For Petitioner : Mr.T.Ravikumar For Respondent : Mr.D.Gandhi Raj Special Government Pleader 1/6

ORDER

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) The present contempt petition has been filed to punish the respondents for willful disobedience of the order of this Court in W.P(MD)No.23430 of 2023 dated 29.11.2023.

2. When the matter is taken up for hearing today, the learned Additional Advocate General would submit that this Court by an order dated 29.11.2023 in W.P(MD)No.23430 of 2023 had directed the authorities to consider the representations of the petitioner dated 15.09.2023 and 19.03.2023. and pass orders on merits in accordance with law preferably within a period of four (4) months from the date of receipt of a copy of the order. 2/6

3. Pursuant to the same, the proceedings have been initiated and the resolution of the Panchayat granting permission to the encroacher had been set aside and thereafter an order in Na.Ka.No.2386/2023/Thi7 dated 27.03.2025 has been passed by the 3rd respondent for demolishing the basement constructed by the petitioner. Subsequently, the encroacher namely V.Alaguraja had filed W.P(MD)No.9012 of 2025 before this Court and this Court by order dated 10.06.2025 has passed the following order:- "2. The The learned counsel appearing for the petitioner would mainly contend that no opportunity was granted to the petitioner to submit his explanation and to defend his case. The impugned notice was issued pursuant to the directions issued by this Court in WP(MD)No.23430 of 2023.

This being the fact, stated by the petitioner, the petitioner is granted ten days time for submitting his explanation along with documents, if any, to the Block Development Officer from today. On receipt of any explanation, the same may be considered by the Block Development Officer and decision is to be taken, if any unauthorized constructions are identified. After identification of unauthorized constructions, enforcement action must be continued and to be concluded, by following the procedures as contemplated under law, within a period of twelve weeks from the date of receipt of a copy of this order.

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4. The learned Additional Advocate General would submit that orders of this Court in W.P(MD)No.23430 of 2023 has been complied with.

5. Having going through the records, we find that the respondents have taken action based on the orders passed by this Court in W.P(MD)No.23430 of 2023 dated 29.11.2023. We are of the considered opinion that no contempt has been committed. However, in the event of the petitioner want to proceed further he can approach the authorities based on the subsequent order passed by this Court dated on 10.06.2025 in W.P(MD)No.9012 of 2025.

6. Accordingly, the contempt petition stands closed. Consequently, connected miscellaneous petition is closed.

(A.D.J.C., J.) (K.K.R.K., J.) 06.08.2025 Index: Yes/No Internet:Yes/No Speaking order/Non-speaking Order rgm 4/6

To Tmt.Sangeetha, I.A.S., The District Collector, Madurai District, Madurai 5/6

A.D.JAGADISH CHANDIRA, J.

and K.K. RAMAKRISHNAN, J.

rgm and Sub.A.(MD)No.153 of 2025 06.08.2025 6/6