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Madras High CourtCONT P(MD)/178/2026closed

M.Justin Prakash v. Vasanthakumar

2026-06-05Honourable Mr Justice N. Anand Venkatesh5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated 05.06.2026

CORAM:

THE HONOURABLE Mr.JUSTICE N.ANAND VENKATESH Cont.P. (MD)No.178 of 2026 in WP(MD) No.19196 of 2018 Justin Prakash .. Petitioner Vs.

Vasanthakumar the Inspector of Police, Kodaikanal Town Police Station, Dindigul District .. Respondent Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent/contemnor for his wilful disobedience and violating the order of this court made in WP(MD) No.19196 of 2018 dated 05.09.2018.

For Petitioner : Mr.D.Muruganandham For Respondents : Mr.T.Leninkumar Counsel for State 1/5

ORDER

This contempt petition has been filed on the ground that there was wilful disobedience of the order passed by this Court in WP(MD) No. 19196 of 2018 dated 05.09.2018.

2. Notice was ordered in this contempt petition and a report has been filed by the respondent. On going through the same, it is seen that as against the order passed in the writ petition, writ appeal came to be filed in WA(MD) NO.1641/2018 and the said writ appeal came to be disposed of by an order dated 03.09.2024 by setting aside the observations that were made in the order passed in the writ petition. Thereafter, based on the complaint given by the petitioner, an FIR came to be registered in Crime No.56/2025 on 21.02.2025 for offence under Sections 296(b), 351(2) and 303(2) of BNS 2023 against 21 persons. The counter part also seems to have given a complaint, based on which, an FIR has been registered in Crime No. 229/2025 for offence under Sections 296(b), 115(2) of BNS 2023 and Section 3(1)(s), 3(1)(4), 3(2) of the SC/ST Act and Section 4 of TNPWH 2/5

Act. It is stated that the investigation is pending.

3. The main grievance that has been expressed by the learned counsel for the petitioner is that whenever the petitioner is attempting to construct the wall, the counter part is making disruption and a false case has also now been registered against the petitioner.

4. It is clear from the status report that an FIR has already been registered by the respondent police. The investigation is also pending. According to the petitioner, there is an attempt made by the rival party to encroach upon the Government land, in spite of steps being taken to remove the encroachment. The encroachment in this case is sought to be made in a Government land. The property of the petitioner is adjacent to the Government land. Therefore, if, according to the petitioner, the access to the property is sought to be interfered with by encroaching on the Government land, either the authorities will have to take action to remove the encroachment or the petitioner has to get appropriate orders from the competent Court to ensure his free ingress and egress to the property. This 3/5

Court cannot expand the scope of the contempt petition. In order to avoid any untoward incident, the police have already taken cognizance and the investigation is pending. Except giving this clarification, no further orders can be passed in this contempt petition.

This contempt petition is closed accordingly. 05.06.2026 NCC : Yes/No Index : Yes/No RR 4/5

N.ANAND VENKATESH, J RR Judgment made in Cont.P. (MD)No.178 of 2026 05.06.2026 5/5