Rathinam.S v. S.Thirupathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HON'BLE MR JUSTICE R.VIJAYAKUMAR CONT.P(MD)No.2773 OF 2024 IN W.P(MD)No.7939 OF 2024 S.Rathinam ... Petitioner/Petitioner .Vs.

S.Thirupathi, The Executive Officer, The Thondi Town Panchayat, Thondi, Ramanathapuram District.

... Contemnor/Third Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act to initiate contempt proceedings against the Contemnor/Third respondent and punish him for the wilful disobedience of the order passed by this Court in W.P(MD)No.7939 of 2024, dated 28.3.2024 For Petitioner : Mr.M.Mahaboob Fazil for Roy and Roy Associates 1/5

For Respondent : Mr.M.Ajmal Khan Addl.Advocate General assisted by Mr.P.Subbaraj Special Government Pleader

O R D E R

(Order of the Court was made by P.VELMURUGAN.,J) This Contempt Petition is filed to initiate contempt proceedings against the Contemnor/third respondent and punish him for the wilful disobedience of the order passed by this Court in W.P(MD)No.7939 of 2024, dated 28.03.2024 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.Despite service of statutory notice, the Contemnor/Third respondent was not present before this Court on 18.11.2025. Therefore, this Court, on 18.11.2025, directed the Registry to issue Non-Bailable Warrant against the Contemnor/third respondent and the Inspector of Police, Thondi Police Station, Ramanathapuram District was directed to execute the Non-Bailable Warrant and to produce the Contemnor before this Court on 25.11.2025.

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4.When the matter is taken up for hearing today, the Contemnor/third respondent is produced before this Court and he filed an affidavit before this Court stating the reasons for his non-appearance on the particular day and the steps taken by him to comply with the order passed by this Court. 5.The learned Additional Advocate General, who has appeared on behalf of the Contemnor/third respondent also informed this Court that the jurisdictional Tahsildar will be informed to remove the encroachments, since the third respondent is not the competent authority to remove the encroachments directly and that can be done only through the revenue officials. 6.

Recording the above said submission, the jurisdictional Tahsildar/The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District is directed to comply with the order passed by this Court in the above Writ Petition within a period of three weeks from the date of receipt of a copy of this order. Failing to comply with the order of this Court by the above said authority, who is a party to the Writ Petition, the Petitioner is at liberty to re-open the Contempt Petition, in the manner known to law.

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7.With the above said direction and liberty, the Contempt Petition is closed. [P.V.,J.] [R.V.,J.] 25.11.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To S.Thirupathi, The Executive Officer, The Thondi Town Panchayat, Thondi, Ramanathapuram District.

Copy to The Tahsildar, Thiruvadanai Taluk, Ramanathapuram District.

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P.VELMURUGAN, J.

and R.VIJAYAKUMAR.,J.

vsn ORDER MADE IN CONT.P(MD)No.2773 OF 2024 IN W.P(MD)No.7939 OF 2024 25.11.2025 5/5