CONT.P(MD)No.483 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023 CORAM : THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CONT.P(MD)No.483 of 2023 L.Pandikumari ... Petitioner vs. 1. Mr.S.Vishakan, The District Collector, Dindigul District, Dindigul. 2. Mr.K.Premkumar, The Revenue Divisional Officer, Dindigul District, Dindigul. 3. T.Dhanushkodi, The Tahsildar, Nilakottai Taluk, Dindigul District. ... Respondents PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to call upon the contemnors for wilful disobedience of the order passed by this Court in W.P(MD)No.24101 of 2022 dated 19.10.2022. 1/6 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.483 of 2023 For Petitioner : Mr.N.Marimuthu For Respondents : Mr.R.Baskaran Additional Advocate General assisted by Mr.P.T.Thiraviyam, Government Advocate ORDER (Order of the Court was made by R.SUBRAMANIAN, J.) Claiming that the orders of this Court directing removal of encroachments made on 19.10.2022 have not been complied with, the petitioner has come forward with this contempt petition. 2. On 27.03.2023, we had issued statutory notice to the respondents 2 and 3 requiring their personal appearance. Pursuant to the said notice, the respondents 2 and 3 are present in Court today. A counter affidavit has been filed by the Tahsildar, Nilakottai, wherein, it has been stated that the encroachments have been completely removed on 20.04.2023 and the contempt petitioner has also acknowledged the said fact on the said date. Therefore, according to the respondents, there is a substantial compliance of the orders of this Court. 3. We are unable to agree. The Division Bench by its order dated 19.10.2022 directed the encroachments to be removed within 2/6 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.483 of 2023 eight weeks from the date of receipt of the copy of the order. In the counter affidavit, it is accepted that the copy of the order was received on 17.11.2022. It is stated that the Revenue Inspector and the Village Administrative Officer visited the area on 11.08.2022, 15.09.2022, 06.10.2022 and 15.12.2022. It is also stated that since the encroacher did not co-operate, the survey could not be done. Thereafter, action has been taken and a final notice was issued and police protection was also sought for. Ultimaterly, a survey was conducted on 06.01.2023 and it was found that there was encroachment made. Thereafter, a letter was addressed to the Block Development Officer by the Tahsildar, Nilakottai, requiring him to take action to remove the encroachment under Sections 131(2) and 222 of the Tamil Nadu Panchayats Act, 1994. Since the Panchayat President and the Block Development Officer did not take any action and upon receipt of the legal notice on 09.01.2023, a field inspection was conducted along with the Deputy Block Development Officer on 17.03.2023 and at that time, the encroacher with a large heart realising his mistakes submitted that he would remove the encroachment within a week. 4. Despite the fact that the time fixed by this Court has expired even on 17.01.2023, the authorities thought it fit to wait for 3/6 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.483 of 2023 the encroacher to remove the encroachment even on 17.03.2023. This demonstrates the unwillingness/reluctance on the part of the authorities to comply with the orders of this Court. When questioned that, the Tahsildar, Nilakottai, who was present in Court would state that he is aware of the fact that the Block Development Officer or the Panchayat President have no power to remove the encroachment. Absolute silence is the response to the query as to why he addressed a letter to such persons when he knew that they have no power to remove the encroachment. Only after we had issued a statutory notice requiring the Revenue Divisional Officer and the Tahsildar to be present in Court by today, action has been initiated under the Tamil Nadu Land Encroachment Act, 1905, and notices were issued to the encroachers asking for explanations from them on 11.04.2023. On receipt of the explanations, an order appears to have been passed on 12.04.2023 and the encroachments are stated to have been removed on 20.04.2023. 5. We drop further proceedings in this contempt petition accepting the belated compliance and we make it clear that such belated compliances will not be accepted in future. 4/6 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.483 of 2023 6. The Contempt Petition, is, therefore closed. (R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 24.04.2023 bala To 1. Mr.S.Vishakan, The District Collector, Dindigul District, Dindigul. 2. Mr.K.Premkumar, The Revenue Divisional Officer, Dindigul District, Dindigul. 3. T.Dhanushkodi, The Tahsildar, Nilakottai Taluk, Dindigul District. 5/6 https://www.mhc.tn.gov.in/judis CONT.P(MD)No.483 of 2023 R.SUBRAMANIAN , J. and L.VICTORIA GOWRI , J. bala CONT.P(MD)No.483 of 2023 DATED : 24.04.2023 6/6 https://www.mhc.tn.gov.in/judis