Thiru. Krishna Kumar Chockalingam, v. Ms. V.R.Subbulaxhmi, I.A.S., and 3 Others

ORDER (Order of the Court was made by S.M.Subramaniam J.) The present Contempt Petition has been instituted to punish the respondent for their wilful disobedience of the order of this Court dated

29.04.2024 in W.P.No.11783 of 2024. The following orders are passed by this Court.

¶4The notice issued under Section 7 of the Act of 1905 is a show cause notice. The petitioner has already filed a reply to the said notice. Action can be taken only after the order under Section 6 of the Act of 1905 is passed.

¶5Learned State Government Pleader submits that if the order under Section 6 of the act of 1905 is not passed, the objections would be considered and then the order under Section 6 of the Act of 1905 would be passed.

¶6If the order under Section 6 of the Act of 1905 is passed, then the petitioner has the liberty to file an appeal under Section 10 of the Act of 1905.

¶7The writ petition, accordingly, stands disposed of. Therefore shall be no order as to costs. Consequently, W.M.P.Nos.12867 and 12868 of 2024 are closed.

¶2Learned counsel for the petitioner would submit that after issuance of Page3 of 5 Section 7 notice, no final notice under section 6 came to be issued but the constructions are demolished. Thus, the procedure as contemplated under the Land Encroachments Act had not been followed by the revenue authorities.

¶3Learned Additional Advocate General appearing on behalf of the State would submit that the building was demolished, but the respondents are unable to produce any records to establish that Section 6 final notice was issued to the encroachers. Thus, there is a procedural lapse committed before removing the encroachments. Under these circumstances, the authorities who all are responsible for not following the procedures are to be subjected to disciplinary proceedings. Rules of natural justice is the basic principles contemplated under the Land Encroachments Act for removal of encroachments and the procedures cannot be dispensed with by the authorities at their whims and fancies. Encroachments are to be removed by following the procedures as contemplated under the Land Encroachments Act 1905.

¶4In the present case, final notice under section 6 was not issued and before issuing notice, enforcement action was concluded. That being the factum, the District Collector/ 1st respondent is directed to initiate disciplinary proceedings against all the authorities who all are responsible for not following the procedures as contemplated under the Land Encroachment Act, 1905. Page4 of 5

¶5Since the encroachments are removed and the Government property has been taken over, no further direction is required in this regard. Therefore, the Contempt Petition stands closed. No costs. (S.M.S.,J.) (C.K.,J.) 17-02-2026 Index: Yes/No Speaking/Non-speaking order VSI CONToPoNo.o2474oofo2025 S.M.SUBRAMANIAM,eJ. AND C.KUMARAPPAN,eJ. VSI CONTePeNo.e2474eofe2025 17-02-2026 Page5oofo5

2026:MHC:695 Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-02-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN Thiru. Krishna Kumar Chockalingam, S/o. Chockalingam, AE Block, 4 th Street, Anna Nagar, Chennai - 600 040. ..Petitioner(s) Vs 1. Ms. V.R.Subbulaxhmi, I.A.S., The District Collector, Collectorate Office, Vellore – 632001. 2. Ms. Vijayalaksmi, The Revenue Inspector, Taluk Office, Vellore- 632 001. 3. Mr. Muralidharan, The Tahsildar, Taluk Office, Vellore- 632 001. 4. Ms. T.Malathi, The District Revenue Officer, District Collectorate, Vellore- 632 001. ..Contemnor(s) To punish the Respondents for their willful and deliberate disobedience of the order dated 29.04.2024 in W.P.No. 11783 of 2024. Page2 of 5 For Petitioner(s): Mrs.Rita Chandrasekar for M/s.Aiyar and Dolia For Contemnor(s): Mr.R.Ramanlal, AAG assisted by Mr.D.Ravichander,Spl Govt Pleader