Cont.P.No.3436 of 2024 THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.07.2025 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE P.B.BALAJI Contempt Petition No.3436 of 2024 M.Natarajan ... Petitioner Vs Kanimozhi ...Respondent Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 seeking to initiate contempt proceedings against the respondent for the non-implementation of the directions issued by this Court in W.P.No.25418 of 2024 dated 03.09.2024. For Petitioner : Mr.M.Natarajan, Party-in-Person For Respondent : Mr.M.Murali Special Government Pleader ******* 1/8 https://www.mhc.tn.gov.in/judis Cont.P.No.3436 of 2024 O R D E R (Order of the Court was made by R.SUBRAMANIAN, J.) Complaining disobedience of the order of this Court dated 03.09.2024 the petitioner has come up with this Contempt Petition. 2. Challenge in the Writ Petition in W.P.No.25418 of 2024 was to the proceeding of the Assistant Divisional Engineer (Highways), Sriperumbudur dated 01.08.2024. In and by the said proceeding, the petitioner in the Writ Petition was called upon to remove the encroachment made by him in the land belonging to the Highways Department. The said proceeding reads as follows:- fh";rpg[uk; (be)/ f(k)g/ nfhl;lk;/ jpUg;bgUk;g[J}u; (be)/ fl;Lkhdk; kw;Wk; guhkupg;g[ cl;nfhl;l fl;Lg;ghl;oy; cs;s Fd;wj;J}upy; ,iza[k; jpUePu;kiy jpUKothf;fk; rhiy fp/kP/0-0 Kjy; fp/kP/4-2 tiu rhiyapd; ,Ug[wKk; beL";rhiyj;Jiwapd; vy;iyf;Fs; mj;JkPwp mikf;fg;gl;Ls;s Mf;fpukpg;g[fis jkpH;ehL beL";rhiyj;Jiwapd; vy;iyf;Fs; mj;JkPwp mikf;fg;gl;Ls;s Mf;fpukpg;g[fis jkpH;ehL beL";rhiyr; rl;lk; 2001 tpjp 28(2)(ii) kw;Wk; 29(1)d; go mfw;wg;glt[s;sJ/ 2/8 https://www.mhc.tn.gov.in/judis Cont.P.No.3436 of 2024 nkw;fz;l rhiyapy; j';fshy; mj;JkPwp mikf;fg;gl;Ls;s Mf;fpukpg;g[fis. ,t;twpf;if fpilf;fg;bgw;w ehspypUe;J VG jpd';fSf;Fs; mfw;wp. beL";rhiyj;Jiwaplk; xg;gilg;g[ bra;a[khW nfl;Lf; bfhs;sg;gLfpwJ/ jtWk; gl;rj;jpy;. beL";rhiyj;Jiw K:yk; eltof;if nkw;bfhs;sg;gl;L Mf;fpukpg;g[fs; mfw;wg;gLk; vd;gjida[k; Mf;fpukpg;g[fs; mfw;wg;gLtjw;fhd brytPd';fs; midj;Jk; j';fsplkpUe;nj tN:ypf;fg;gLk; vd;gija[k; ,jd; K:yk; bjuptpj;Jf; bfhs;sg;gLfpwJ/ ,t;twpf;if jkpH; ehL beL";rhiyr; rl;lk;. 2001 tpjp 28(2)(ii) kw;Wk; 29(1)d; go tH';fg;gLfpwJ/ 3. When this was challenged before the Court, the Division Bench passed the following order dated 03.09.2024: 4. On perusal of the impugned notice, we are satisfied that the petitioner has not been provided with an opportunity of hearing. 5. In view of the above, we direct the petitioner to treat the impugned notice as the show cause notice and submit his explanation within a period of one week from the date of receipt of a copy of this order and on receipt of such explanation, the second respondent shall consider the same 3/8 https://www.mhc.tn.gov.in/judis Cont.P.No.3436 of 2024 and pass appropriate orders within a period of three weeks thereafter. 4. When this Contempt Petition was taken up, it was represented before us that the building in question viz., the encroached portion was demolished even on 31.08.2024 that is at least 3 days before the order of the Division Bench. Since the order of the Division Bench disclosed that one Mr.Karthik Jagannath, learned Government Advocate had appeared for the respondent in the Writ Petition, we had asked him to be present to explain as to why he did not placed the fact that the building was demolished even before the orders were passed before the Bench which disposed of the Writ Petition. 5. Mr.Karthik Jagannath, learned Government Advocate who is present before us today states that he did not have any instructions regarding removal of encroachment on the day when the Writ Petition came to be disposed of. 4/8 https://www.mhc.tn.gov.in/judis Cont.P.No.3436 of 2024 6. Be that as it may, the Tamil Nadu Highways Act, 2001 provides for a procedure for encroachment under Section 28(2) of the said Act. An immovable encroachment could be removed after issuing a show cause notice against such removal returnable within a period of seven days from the date of receipt thereon. The proceeding dated 01.08.2024 cannot be equated to a show cause notice contemplated under Section 28(2). Proviso to Section 28 requires the Authority to pass final orders after considering the representation that is received within the time prescribed. There was no notice at all. Therefore, there was no representation. 7. Hence, it is clear that the procedure prescribed under the Act was not followed before the portion of the building of the petitioner was demolished. Reliance is sought to be made on the reply dated 28.08.2024 alleged to have been sent to the petitioner in response to his representation made to the Chief Minister's Cell. Even that reply dated 28.08.2024 does not set out the objections made by the petitioner and the response thereto. It is also not shown that the reply dated 28/08/2024 was in fact served on the petitioner herein. 5/8 https://www.mhc.tn.gov.in/judis Cont.P.No.3436 of 2024 8. It is therefore clear that the procedure prescribed under the Act has not been followed. No doubt, the petitioner is guilty of encroaching on public land. But, when an enactment provides for a procedure to remove encroachments that procedure shall be followed by the Authorities. The Authorities cannot take law into their own hands and act whimsically to remove encroachments even though they are made on public land. 9. We should have ordered restoration of possession to the petitioner. Since the area encroached is land belonging to the Highways, we do not resort to restoration. We direct the Government to pay a compensation of Rs.5,00,000/- to the petitioner within a period of eight (8) weeks from the date of receipt of a copy of this order. The Government may recover the said compensation from the officers who are responsible for carrying out the erroneous eviction drive by taking law into their own hands without following the procedure contemplated under the Act. 6/8 https://www.mhc.tn.gov.in/judis Cont.P.No.3436 of 2024 10. This Contempt Petition is disposed of as above. (R.S.M., J.) (P.B.B., J.) 08.07.2025 dsa Index : No Internet : Yes Neutral Citation : No Speaking order 7/8 https://www.mhc.tn.gov.in/judis Cont.P.No.3436 of 2024 R.SUBRAMANIAN, J. and P.B.BALAJI, J. dsa Contempt Petition No.3436 of 2024 08.07.2025 8/8 https://www.mhc.tn.gov.in/judis