High Court · 2025

CONT P No. 3644 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-04-2025CORAMTHE HONOURABLE MR JUSTICE S. M. SUBRAMANIAMANDTHE HONOURABLE MR.JUSTICE K.RAJASEKARCONT P No. 3644 of 20241. Mrs. Anita Chitnis,Rep. by Power Agent, Mrs.Cynthia Dulipsingh, No.7, 15th Avenue, Harrington Road, Chetpet, Chennai-600 031Petitioner(s)Vs1. Tmt. Kalaiselvi Mohan and 9 othersTHE DISTRICT COLLECTOR, Office of the District Collector, No.3, Collector's Office Road, Kanchipuram, Kanchipuram District.2.T. Cheran Thaiyan,THE TAHSILDAR, Padappai Office of the Tahsildar, Sriperumbudur, Kanchipuram District.3.Mr. Gopal,THE EXECUTIVE OFFICER Padappai, I Grade Panchayat Office No.1/187 Anna 1/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis CONT P No. 3644 of 2024Nagar, I Street, Padappai-601 3014.Mrs. Sridevi,THE BLOCK DEVELOPMENT OFFICER, Office of the BDO, Padappai-601 301.5.The Deputy DirectorTown and Country Planning, Office of the Deputy Director, Town and Country Planning, Chengalpet.6.The Superintendent of Police,Office of the Superintendent of Police, Kancheepuram, Kancheepuram District.7.The Assistant Superintendent of PoliceOffice of the Asst. Superintendent of Police, Kancheepuram, Kancheepuram District.8.The Inspector of Police,Manimangalam Police Station, Manimangalam, Sriperumbudur, Kancheepuram District.9.The David Nagar Trust,Rep. by its Chairman, Mr. Rajkumar Davidar, David Nagar, Padappai - 601 301.10.R.Bhuvana Kumar,No. 6, Anna Street, Kamarajapuram, Chennai - 600 073. (Impleaded as 2/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis CONT P No. 3644 of 2024Respondents Nos. 5 to 10 as per the Order of the Hon'ble Court made in Sub Appl No. 340/2025 in Cont. P. No. 3644/2024, dated 03.04.2025)Contemnor(s)CONT P No. 3644 of 2024PRAYERTo punish the Respondents I to IV for committing Contempt of Court on their willful disobedience to implement the direction of this Hon'ble Court dated 14.03.2024 passed in W.P.No. 17199 of 2019.CONT P No. 3644 of 2024For Contemnor(s):Mr.A.Selvendran,Special Government Pleader For RR1 to 4Status Report Filed on 25.02.2025Mr.M.Santhanaraman For R9Mr.B.R.Sivasubramaniam For R10ORDER(Order of the Court was made by S.M.Subramaniam J.)The Contempt Petition has been filed to punish the respondents for their disobedience or the orders of this Court dated 14.03.2024 passed in W.P.No.17199 of 2019.3/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis CONT P No. 3644 of 20242. With reference to the relief sought for by the contempt petitioner in the writ petition that to direct the respondents 1 to 8 in the writ petition to remove the encroachments on the road in front of the petitioner’s property and illegal construction erected by the 10th respondent comprised in Survey No.548/3 A David Nagar, Padappai, Sriperumbudur Taluk, Kanchipuram District, this court passed the following orders:“9.We are not expressing any opinion in respect of the 20 feet road as claimed by the writ petitioner, situate in the Northern boundary side of Plot No.16.10.In view of the facts and circumstances, the respondents 1 to 4 are directed to survey the 40 feet road and remove all the encroachments in the 40 feet road and demolish the unauthorized constructions on the road. The entire exercise is directed to be completed within a period of twelve weeks from the date of receipt of a copy of this order.11. With the above directions, the present writ petition is allowed in part. However, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.”4/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis CONT P No. 3644 of 20243. This Court directed the respondent to conduct survey and in the event of any encroachment/unauthorized constructions, the same is to be removed. The said exercise was directed to be completed within a period of twelve weeks. Since the time line granted by this Court expired, the present contempt petition came to be instituted. 4. This Court directed the Tahsildar, Kundrathur to complete the survey as per the directions issued by this Court and file a report. Consequently, the Tahsildar, Kundrathur filed a status report. The status report states that survey has been conducted on 13.12.2024 on the 40 feet road and survey revealed that the encroachment as alleged by the petitioner lies in the land comprised in survey number 548/3B1D-0.09.0 hectares which is a patta land and the patta stands in favour of David Nagar Trust vide Patta No.827 as per Village Accounts. It is relevant to extract paragraph Nos.6, 7, 8 and 9 of the report which reads as under:5/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis CONT P No. 3644 of 2024“6.It is submitted that in the above circumstances, 3.5 cents out of 0.09.0 hectares in S.No.548/3B1D has been sold by the 9th respondent i.e., David Nagar Trust to the 10th respondent i.e, one Mr.Bhuvana Kumar in the year 2013. Thereafter, the said field was subdivided as 548/16 and patta was issued to the 10th respondent. Then, he has obtained Building Plan Approval to construct a building in S.No.548/16 from the Block Development Officer, Kundrathur and he has built a basement for construction of house on the above mentioned patta land.7.It submitted that there are no constructions or encroachments on the 20 feet road in front of the petitioner's house, located in David Nagar in Survey No.548/3A2B, Sriperumbudur Taluk, Kanchipuram District and the said road bearing Survey no.548/12 is being maintained as a road.8.It is submitted that the survey revealed that the encroachment alleged by the petitioner now lies in the land comprised in Survey No.548/16-3.5 cents is patta land. The 10th respondent has constructed a building after obtaining building plan approval on the said land and that house is situated at the point where the 40 feet road turns at the Survey No.545/3. It is further submitted that the above construction is not an obstacle for the petitioner to use a 20-feet road and a 40-feet road as shown in the field map.9.As submitted and explained above, it is submitted that the order of this Hon'ble Court has been duly complied with. There is no deliberate or wilfil disobedience as alleged. The Respondents are tending unconditional apology before the Hon'ble Court, if this Court comes to a conclusion that the order was not complied with. There is no merit in the Contempt Petition and the same is liable to be dismissed.”6/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis CONT P No. 3644 of 20245. The authorities after conducting survey found that the construction is not an obstacle for the petitioner to use 20 feet road and 40 feet road as shown in the field map.6. The learned senior counsel appearing on behalf of the petitioner would submit that even as per the authorities, encroachments are identified. 7. This Court is unable to accept such contention, since it is a dispute which is to be resolved by way of adjudication. In a contempt petition, Court cannot adjudicate the issues on merits. If at all any grievance exists, the petitioner is at liberty to approach the competent civil Court of law for seeking appropriate relief. However, this Court does not find any willful disobedience of the orders passed by this Court by the respondents. Consequently, the Contempt Petition stands closed. No costs. (S.M.SUBRAMANIAM J.) (K.RAJASEKAR J.)24-04-2025ssiIndex:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/No7/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis CONT P No. 3644 of 2024To1.Tmt. Kalaiselvi Mohan and 9 othersTHE DISTRICT COLLECTOR, Office of the District Collector, No.3, Collector's Office Road, Kanchipuram, Kanchipuram District.2.T. Cheran Thaiyan,THE TAHSILDAR, Padappai Office of the Tahsildar, Sriperumbudur, Kanchipuram District.3.Mr. Gopal,THE EXECUTIVE OFFICER Padappai, I Grade Panchayat Office No.1/187 Anna Nagar, I Street, Padappai-601 3014.Mrs. Sridevi,THE BLOCK DEVELOPMENT OFFICER, Office of the BDO, Padappai-601 301.5.The Deputy DirectorTown and Country Planning, Office of the Deputy Director, Town and Country Planning, Chengalpet.6.The Superintendent of Police,Office of the Superintendent of Police, Kancheepuram, Kancheepuram District.7.The Assistant Superintendent of 8/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis CONT P No. 3644 of 2024PoliceOffice of the Asst. Superintendent of Police, Kancheepuram, Kancheepuram District.8.The Inspector of Police,Manimangalam Police Station, Manimangalam, Sriperumbudur, Kancheepuram District.9.The David Nagar Trust,Rep. by its Chairman, Mr. Rajkumar Davidar, David Nagar, Padappai - 601 301.10.R.Bhuvana Kumar,No. 6, Anna Street, Kamarajapuram, Chennai - 600 073. (Impleaded as Respondents Nos. 5 to 10 as per the Order of the Hon'ble Court made in Sub Appl no. 340/2025 in Cont. P. No. 3644/2024, dated 03.04.2025)9/10https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis CONT P No. 3644 of 2024S.M.SUBRAMANIAM J.ANDK.RAJASEKAR J.ssiCONT P No. 3644 of 2024 24-04-202510/10https://www.mhc.tn.gov.in/judis