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Madras High CourtCONT P(MD)/3073/2025closed

Muthu v. Tmt.M.Aruna, Ias,

2026-02-23Honourable Mr Justice G.R.Swaminathan,Honourable Mrs Justice R. Kalaimathi4 pages

1 CONT.P.(MD)NO.3073 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MRS.JUSTICE R.KALAIMATHI CONT.P.(MD)No.3073 of 2025 IN W.P.(MD)No.13063 of 2023 Muthu ... Petitioner / Petitioner Vs.

1. Tmt.M.Aruna,IAS, District Collector, Pudukkottai.

2. Mr.Varadharajan, Tahsildar, Thirumayam Taluk, Pudukkottai.

... Contemnors /Respondents Prayer: Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnors / respondents for their willful disobedience of the order of this Court in W.P.(MD)No.13063 of 2023 dated 28.01.2025. For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.A.Baskaran, Additional Government Pleader.

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O R D E R

(Order of the Court was delivered by G.R.SWAMINATHAN,J) Heard both sides.

2. This petition has been filed alleging that the direction given vide order dated 28.01.2025 in W.P(MD)No.13063 of 2023 has been breached. Admittedly, the petitioner herein did not file the writ petition. The learned counsel for the petitioner would claim that the writ petition was filed in a representative capacity and therefore, the contempt petition can be filed by any of the aggrieved villagers. According to the petitioner, there is an encroachment in survey No. 199/2 in Nedungudi Village. We wanted to know how the survey number has been classified in the revenue record. In the revenue record, it has been mentioned in column 12 in "A" Register is mentioned as kali kovil. From the description set out in the revenue record, we can can safely infer that this is Kovil poramboke. There are two temples attributed to Kali. We fail to understand as to how one temple alone can be characterised as encroachment. 2/4

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3. Be that as it may, this is an issue that has to be resolved elsewhere. The factual disputes raised by the competing parties cannot be resolved in the contempt proceedings. This contempt petition is closed. Consequently, connected sub application is closed. (G.R.SWAMINATHAN, J.) & (R.KALAIMATHI, J.) 23rd February 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:

1. The District Collector, Pudukkottai.

2. The Tahsildar, Thirumayam Taluk, Pudukkottai.

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4 CONT.P.(MD)NO.3073 OF 2025 G.R.SWAMINATHAN, J.

AND R.KALAIMATHI, J.

PMU CONT.P.(MD)No.3073 of 2025 IN W.P.(MD)No.13063 of 2023 23.02.2026 4/4