Aramirtham v. N.Muthukumaran

ORDER (Order of the Court was made by the Hon'ble Chief Justice) This contempt petition has been filed alleging non-compliance of the order dated 30.09.2021 passed in WP No.31241 of 2018.

¶2The Tahsildar vide compliance report dated 16.12.2024 had given the details regarding removal of encroachments, which are as follows: " Hence it is submitted that as directed by the Hon'ble High Court for removal of Encroachments as found in the demised property, the Jurisdictional Revenue Inspector, Koothur Firca has caused Notice U/s.7 of the Land Encroachment Act, 1905, in respect of Patta Lands in Survey Nos.156/14 & 156/15, in which Sugarcane Crop has been cultivated. Furthermore the Revenue Inspector, Koothur Firca has also caused another Form-7 Notice in the above Act to the remaining Encroachers, directing them to remove the Encroachments by way of Crop cultivation within 15days. For the same the concerned persons have not given any objections. Hence on 20.09.2024 and 21.09.2024 in the presence of Revenue Tahsildar, Afathur Taluk, Zonal Deputy Tahsildar, Taluk Deputy Surveyor, Revenue Inspector, Koothur Firca, V.A.O., Sillakudi (South) Village and with the assistance of Police Officials, Field Inspection was made and the Encroachments, found in the water bodies as in-detail as per the Village Field Measurement Book were removed. 7. It is submitted that the details regarding the encroachments as found in the Patta Lands, removal of the same by making in-detail and the Crops cultivated in the water bodies are given below Sl.No. Survey No. Total Extent in Hectares Patta No. & Name of the Pattadhars As per Hon'ble High Court order, creation of in-detail in the water bodies Length in Meter As per Hon'ble High Court order, creation of in-detail in the water bodies Extent in Sq.Mtr. As per the Village Field Measureme nt Book, the details of Crops cultivated in the in-detail in the water body

1.

0.14.50 1723,

25.2 Mtr. 00025 Tillage Ilayaraja, S/o.Mani (cHtil)

2.

0.16.00 843, Ilayaraja, S/o.Mani and 3 others

25.4 Mtr 00025 Tapiaco

3.

0.58.50 277, Rengarasu, S/o.Sembuday ar

32.2 Mtr 00032 Yard, Cattlefeed cultivation

4.

0.24.00 843, Ilayaraja, S/o.Mani and 3 others

42.2 Mtr 00042 Sugarcane cultivation

5.

0.24.50 843, Ilayaraja, S/o.Mani and 3 others

38.2 Mtr 00038 Sugarcane cultivation

6. 156/16A

0.09.50 114, Subbaiya, S/o.Kumarasa my and 5 others 10 Mtr 00010 Tillage

7.

0.24.50 Chinnammal, W/o.Chellappil lai and 2 others

44.8 Mtr 00045 Tillage

8. 151/11C

0.63.50 997, Kandasamy, S/o.Velayutha m

and

others

52.0 Mtr 00052 Cattlefeed

9.

0.54.00 1268, 1)Arumugam, 2) Selvarasu, both Sons of Kandasamy

91.8 Mtr 00092 Sugarcane cultivate, Yard

10.

0.17.00 1104, Vembu, W/o.Nagaraj

48.0 Mtr 00048 Tillage

11. 152/9A

0.19.50 227, Sembaiya, S/o.Ramasam y

24.4 Mtr 00024 Tillage

12. 152/9B

0.18.00 983,

Jothi, W/o.Kandasa my

23.4 Mtr 00023 Tillage

13. 152/9C

0.16.00 1081, Jothi, W/o.Kandasa my and 2 others

28.8 Mtr 00029 Tillage

14.

0.39.50 Govt. Assessed Punjai Tharisu 196 Mtr 00196 Kambu cultivation, Tillage

15.

0.03.00 1269 1) Arumugam 2) Selvarasu both sons of Kandasamy

10.0 Mtr 00010 Tharisu

16.

0.26.0 Sri Vinayagar Koil

32.2 Mtr 00032 Pathway

724.6 Mtr 07230 sq.mtr

¶7Hence it is submitted that in the above Survey Numbers as per the Report of the Learned Advocate Commissioner of the Hon'ble High Court, as found in the Village Field Measurement Book, water body in-detail in a depth of 1 Mtr. and a breadth of 1 Mtr., approximately in a length of 724.6 Mtr. in an extent of 072.30 Ares, the water body in-detail was created and the water body was made to reach and mingle with the Aladi Eri comprised in Survey Nd.138. The order of this Hon'ble court has been complied to its letter and spirit and the encroachment has been removed."

¶3The Tahsildar has found encroachments in the patta lands which have been removed with the assistance of the police officials and therefore, the order passed by this Court to inspect and remove the encroachments has been complied with.

¶4In view of the compliance report filed by the Tahsildar, nothing survives for adjudication in this contempt petition. Accordingly, the contempt petition is closed. However, the petitioner would be at liberty to avail appropriate remedy in accordance with law, if so advised. (SUSHRUT ARVIND DHARMADHIKARI, CJ.) (G.ARUL MURUGAN, J.)

13.07.2026 Index : Yes/No : Yes/No sra THE HON'BLE CHIEF JUSTICE AND

G.ARUL MURUGAN, J.

(sra)

13.07.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13.07.2026 CORAM THE HON'BLE MR.SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Aramirtham .. Petitioner -vs- N.Muthukumaran Tahsildar, Alathur Taluk, Perambalur District 621 653. .. Respondent Prayer: Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for wilful disobedience and sheer negligence from complying with the order dated 30.09.2021 in WP No.31241 of 2018. For Petitioner : Ms.D.E.Anisree Sangavi For Respondent : Mr.Mohammed Fayaz Ali Govt. Pleader * * *