Mrs. G.Shanthi v. Tmt. V.R.Subbulaxmi, Ias., and 3 Others

ORDER [Order of the Court was delivered by C.V. KARTHIKEYAN, J] The petitioner has filed the present contempt petition stating that the direction issued in W.P.No.38670 of 2024, by order dated 20.12.2024 by a coordinate Division Bench of this Court had not been followed in letter and spirit.

¶2Notice had been directed and learned counsel has entered appearance. In the writ petition, the petitioner had stated that the 6th and 7th respondents had made encroachments on the Mordhana Dam Canal at Keelachur Village, Pallikonda, Anaicut Taluk, Vellore District.

¶3It is stated that for the Mordhana Dam Canal, lands to the south of the holding of the petitioner had been acquired and canal had also been built ensuring free flow of water. However, in the bund of the canal, a Mariamman Temple is also situated. There are two contradictory versions given. According to the learned counsel of the petitioner, the Temple had been built after the land had been acquired. However, according to learned counsel for the respondents, the Temple had been in existence for 60 – 70 years and even when the land was deepened and dug for free flow of water, Temple was not demolished and it was ensured that the water flowed around the temple without obstructing free flow. When that canal is dry, the petitioner had been using the land, which had been acquired, as a pathway. When the writ petition had been filed, there had been obstruction of that particular pathway. The Temple had not been impleaded as a respondent in the writ petition, but the Dharmakartha had been impleaded as a private party. The nature of the land has been described as "Kalvai poromboke" where the presence of the Marriamman Temple is also shown in the record to the extent of 0.01 cent = 00.82 square meter. It is seen that pursuant to the directions in W.P.No.38674 of 2024, notice to the encroachers had been issued and the issue is under active consideration of the authorities.

¶3Let appropriate orders be passed on the notices already issued following due procedure. If the petitioner has any grievance over the pathway being obstructed, the petitioner may approach the appropriate court and seek necessary reliefs. This contempt petition stands closed. [C.V.K., J] [K.R.S., J]

02.04.2026

Index: Yes/No gpa To

1.The District Collector Collectorate Campus C.P.Chitarasu House, Sathuvacheri Vellore – 632 009

¶2The Executive Engineer W.R.O P.W.D Upper Palar Division,Gandhinagar Katpadi, Vellore – 632 006

¶3The Assistant Engineer Irrigation Section Vellore – 632 006

¶4The Tahsildar Anaicut Taluk Office, Anaicut Vellore – 632 101 C.V. KARTHIKEYAN

, J

and K.RAJASEKAR

, J

gpa

02.04.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.04.2026 CORAM THE HONOURABLE MR.JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.RAJASEKAR Mrs.G.Shanthi ... Petitioner vs 1.Tmt.V.R.Subbulaxmi, I.A.S., The District Collector Collectorate Campus C.P.Chitarasu House, Sathuvacheri Vellore – 632 009 2. Mr.Venkatesh The Executive Engineer W.R.O P.W.D Upper Palar Division,Gandhinagar Katpadi, Vellore – 632 006 3. Mr.T.Karthikeyan The Assistant Engineer Irrigation Section Vellore – 632 006 4. Ms.Vendamani The Tahsildar Anaicut Taluk Office, Anaicut Vellore – 632 101 ... Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents 1 to 4 herein for their wilful disobedience and non-compliance of the orders of this Court made in W.P.No.38670 of 2024 dated 20.12.2024. For Appellant : Mr. Durai Gunasekaran For Respondent : Mr.Vadivelu Deenadayalan Additional Government Pleader