Madras High Court

CONT P/2409/2025 of M.Senguttuvan Vs Thiru. Sibi Adhithya Senthil Kumar, IAS., and 2 ot on 30 September 2026

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CONT P No. 2409 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-09-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA

AND

THE HON'BLE MRS.JUSTICE N. MALA

CONT P No. 2409 of 2025

CNR:{HCMA011457492025}

M.Senguttuvan,

S/o. Murugayyan,

No.2D, Saradharam Apartments,

Theradi Kadai Street,

Chidambaram-608 001.

..Petitioner(s)

Vs

1. Thiru. Sibi Adhithya Senthil Kumar, IAS., The District Collector, Cuddalore District - 607001.

2. Thiru. S.Kishan Kumar, I.A.S.,

The Revenue Divisional Officer,

Cuddalore District.

3. Mrs. Geetha,

The Tahsildar,

Chidambaram Taluk,

Cuddalore District.

..Contemnor(s)

CONT P No. 2409 of 2025

PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act to punish the respondents/ contemnors for the willful disobeyance of the order of this Hon'ble Court made in W.P.No. 34552 of 2018 dated 23.08.2022 in accordance with law.

For Petitioner(s):

Mr.D.Murthy,

CONT P No. 2409 of 2025

For Contemnor(s):

Ms.Kalpana Reddy Special Government Pleader For R1 And R3

Mr.Abraham Prabhu Additional Government

Pleader For R2

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ORDER

(Order of the Court was made by P.T.Asha J.) This Contempt Petition has been filed to punish the respondents/ contemnors for the willful disobeyance of the order of this Hon'ble Court made in W.P.No. 34552 of 2018 dated 23.08.2022 in accordance with law.

2. W.P.No.34552 of 2018 has been filed as a Public Interest Litigation, praying for issuance of a Writ of Mandamus directing respondents 3 to 6 therein to remove the encroachments within a stipulated period, with the assistance of the 8th respondent therein, in the following Survey Numbers:- “1.Ward 1 Block 2 T.S. No.38 Vannan Kulam

2. Ward 1 Block 2 T.S. No.50 Easwaran Koil Kulam

3. Ward 1 Block 10 T.S. No.562 Nagacherry Kulam

4. Ward 2 Block 1 T.S. No.1,2,3/2,49 Pasimithan Odai

5. Ward 2 Block 3 T.S. No.126, Chinna Anna Kulam and

6. Ward 3 Block 7 T.S. No.263, Rajavaikkal Odai

7. Ward 3 Block 26 T.S. No.18 Periya Anna Kulam

8. Ward 4 Block 6 T.S. No.549, 554/1 Khan Sahib Vaikkal

CONT P No. 2409 of 2025

9. Ward 4 Block 14 T.S. No.1037 Gnanaprakasam Kulam

10. Ward 4 Block 6 T.S. No.556/2 Kumaran Kulam

11. Ward 4 Block 17 T.S. No.1127 Palaman Kulam

12. Ward 5 Block 15 T.S. No.951 Thachan Kulam

13. Ward 6 Block 2 T.S. No.59 Omma Kulam Situated within the Chidambaram Municipality limits, Cuddalore District.

14. Survey No.19 Mottapillai kulam, Survey No.104 Kondamangalam Kulam, old survey No.78 New survey No.221/5 karai, 221/7 vadikaal, 221/11 kulam, 221/13 Padithurai Pillaiyar koil Periya Kulam, Pallipadai Village, Chidambaram Taluk, Cuddalore District.

15. Survey Nos.23,42,66,91, Pallipadai Mithukudi kilai vaikkal (Branching near Vandigate) Pallipadi Village, Chidambaram Taluk, Cuddalore District.

16. Survey No.30/1 Pulichamedu Kulam (Puliswaran Madhagu) and connected encroachments, Survey No.35/1, Kuttai, Usupur Village, Chidambaram Taluk, Cuddalore District.”

3. The above Writ Petition was heard along with WP.No.22275 of 2016 which was filed for the following reliefs:- “for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order of eviction vide Na.Ka.No.2027/2018/F1, dated

CONT P No. 2409 of 2025

01.07.2019, issued by the Municipal Commissioner, Chidambaram Municipality, Chidambaram Town & Taluk, Cuddalore District, the sixth Respondent herein, through the Municipal Inspector, Chidambaram Municipality, Chidambaram Town & Taluk, Cuddalore District, the seventh Respondent herein and quash the same, subsequently directing the 1 to 7 Respondents herein to issue patta in proper channel to the petitioner-s house measuring that North to South by 30 feet and West to East by 40 feet, total extent about 1200 sqft in Door No.460/8, Ward No.6, Block No.2, T.S.No.59, C.S.No.31/53 situated in Omakulam West, Nearby Jamal Nagar, C.Thandeswara Nallur Village, Chidambaram Post & Taluk, Cuddalore District.”

4. The First Bench after hearing the parties had passed the following orders on 23.08.2022:- “2. In view of the aforesaid statement made by the learned counsel appearing for the official respondents, both these Writ Petitions are disposed of, with a direction to cause survey of the lands in question and after fixing the boundaries in those survey numbers, encroachment, if any found, would be removed by taking appropriate process given under the law. The exercise for causing survey of the lands in question, would be initiated and completed within two months from today and if any encroachment is found in the survey fixing the boundaries, then further action would be initiated within a period of one month

CONT P No. 2409 of 2025

thereupon and completed within two months after issuance of the notice as per law. “

5. The Writ Petitioner who claims to be a person espousing a public grievance has taken out this Contempt Petition stating that the orders passed by this Court had not been complied with in as much as the encroachment in Survey.Nos.221/11 and 221/13 had not been removed.

6. The 5th respondent had filed a Status Report stating that encroachment with reference to Survey No.221/11 has been removed and Survey No.221/13 is described in the Government A Register as a vacant Natham and therefore the same would not fall within the ambit of the order passed by this Court.

7. Since the Writ Petition had been filed describing the lands in the old Survey Numbers, we had directed the respondents to produce the Correlation Register. The same has also been produced, wherein it is seen that the lands comprised in Survey No.78/1A have been subdivided into various Survey Numbers, including S.Nos.221/11 and 221/13. The Register produced before this Court describes the land comprised in Survey No.221/13 as vacant Natham.

8. The order passed by the First Bench was for removing the encroachments on water bodies and temple lands as that was the allegations

CONT P No. 2409 of 2025

made by the Writ Petition in his affidavit filed in support of this Writ Petition. In fact, in his affidavit filed in W.P.No.34552 of 2018, the petitioner had stated as follows in paragraph No.7:- “7. I further submit that the water bodies are not only the property of the Government but the same belongs to the entire living beings including humans and the same is for the lively hood for the God's creatures. The water bodies are the natural sources for the maintenance of balanced Ecology saving the environment, thereby preventing Global warming and sea erosion. Due to the encroachments of water bodies, agricultural activities, cattle rearing and potable drinking water has become impractical. The encroachments made are as follows;- “1.Ward 1 Block 2 T.S. No.38 Vannan Kulam

2. Ward 1 Block 2 T.S. No.50 Easwaran

3. Ward 1 Block 10 T.S. No.562 Nagacherry Kulam

4. Ward 2 Block 1 T.S. No.1,2,3/2,49 Pasimithan Odai

5. Ward 2 Block 3 T.S. No.126, Chinna Anna Kulam

6. Ward 3 Block 7 T.S. No.263, Rajavaikkal Odai

7. Ward 3 Block 26 T.S. No.18 Periya Anna Kulam

8. Ward 4 Block 14 T.S. No.1037 Gnanaprakasam Kulam

9. Ward 4 Block 6 T.S. No.556/2 Kumaran Kulam

10. Ward 4 Block 17 T.S. No.1127 Palaman Kulam

11. Ward 4 Block 6 T.S. No.549, 554/1 Khan Sahib Vaikkal

CONT P No. 2409 of 2025

12. Ward 5 Block 15 T.S. No.951 Thachan Kulam

13. Ward 6 Block 2 T.S. No.59 Omma Kulam

14. Survey No.19 Mottapillai kulam, Survey No.104 Kondamangalam Kulam, old survey No.78 New survey No.221/5 karai, 221/7 vadikaal, 221/11 kulam, 221/13 Padithurai - Pillaiyar koil Periya Kulam, Pallipadai Village, , Cuddalore Taluk & District.

15. Survey Nos.23,42,66,91, Pallipadai Mithukudi kilai vaikkal (Branching near Vandigate) Pallipadi Village, Cuddalore Taluk & District.

16. Survey No.30/1 Pulichamedu Kulam (Puliswaran Madhagu) and connected encroachments, Survey No.35/1, Kuttai, Usupur Village, Chidambaram Taluk, Cuddalore District.”

9. Therefore, considering the fact that the land comprised in Survey No.221/13 is a Natham land, the same would not come within the purview of the order passed in W.P.No.34552 of 2018.

10. In fine, as the order of this Court has been complied with, the Contempt Petition is closed. (P.T.A.,J.) (N.M.,J.) 30-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SHR

CONT P No. 2409 of 2025

P.T.ASHA J. AND N.MALA J. SHR To

1. Thiru. Sibi Adhithya Senthil Kumar, IAS., The District Collector, Cuddalore District - 607001.

2. Thiru. S.Kishan Kumar, I.A.S., The Revenue Divisional Officer, Cuddalore District.

3. Mrs. Geetha, The Tahsildar, Chidambaram Taluk, Cuddalore District. CONT P No. 2409 of 2025 30-09-2026

CONT P No. 2409 of 2025

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