Mr. T.T.Udayabhanu, v. Mrs. Rashmi Siddharth Zagade and 5 others
CONT P/3139/2025 · 2026-07-16
Anita Sumanth, K Govindarajan Thilakavadi
Transfer Petitionbody2026
DailyLaw.ai
[ 2026 DAILYLAW 51385 (MAD) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 51385 (MAD) · dailylaw.ai ]
Judgment text
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2026:MHC:2922 CONT P No. 3139 of 2025 __________ IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MRS.JUSTICE K. GOVINDARAJAN THILAKAVADI CONT P No. 3139 of 2025 AND SUB APPL NO. 640 OF 2026 Mr. T.T.Udayabhanu, S/o.Tupran, Plot No 4, J. K.P. Nagar, New No. 18, Old No. 32, Venkateswara Colony 4th Street, Kodungaiyur, Chennai 600 118. ..Petitioner(s) Vs
1. Mrs. Rashmi Siddharth Zagade The District Collector, Collectorate, Singaravelar Maaligai, Chennai 600 001. 2. Mr. J.Kumaragurubaran, The Commissioner, Greater Chennai Corporation, Rippon Building, Park Town, Chennai 600 003. 3. Mr. Katta Ravi Teja, The Deputy Commissioner (North), Greater Chennai Corporation, North Regional Deputy Commissioner Office, No. 61, Basin Bridge Road, https://www.mhc.tn.gov.in/judis
2026:MHC:2922 CONT P No. 3139 of 2025 __________ Chennai 600 021. 4. Mr. A.Rajkumar, The Zonal Officer, Greater Chennai Corporation, Tondiarpet Zonal Office, T.H. Road, Chennai 600 021. 5. Mr. Sivasakthi, The Assistant Engineer, Greater Chennai Corporation, Zone IV, Ward No. 34, Zonal Office, Kodungaiyur, Chennai 600 118. 6. Mrs. Uma Maheswari, The Tahsildar, Perambur Taluk, Mullai Nagar, Vyasarpadi, Chennai 600 039. ..Contemnor(s) Petition filed under Section 11 of the Contempt of Courts Act, to punish the Respondents herein in accordance with law for non-compliance of the order of this Hon'ble Court dated 29.07.2024 made in W.P.No. 20859 of 2024. For Petitioner(s): Mr. B.Damodaran For Contemnor(s): Mr.S.Gunasekaran, Govt. Counsel for R1 and R6 Mr. T. Gowthaman, Additional Advocate General Assisted by Mr.E.C.Ramesh, Standing Counsel for R2 TO R5 ORDER (Order of the Court was made by Dr.Anita Sumanth J.) This contempt petition arises from alleged non-compliance with the https://www.mhc.tn.gov.in/judis
2026:MHC:2922 CONT P No. 3139 of 2025 __________ directions made under order dated 29.07.2024. In that writ petition, the prayer of the contemnor was for a mandamus directing the official respondents to remove various encroachments allegedly made by the 7th respondent in an unapproved lay-out in Venkateshwara Colony, 4th Street, Kodungaiyur, Chennai (Survey No.16 of 32 Jambuli Village). That writ petition came to be disposed on 29.07.2024 and the respondents were directed to conduct a survey within six weeks from that date and take consequential action. Admittedly, survey has not been completed within the time frame as directed. 2. Be that as it may, pending this contempt petition, the authorities have surveyed the area. 3.
The first grievance of the petitioner is that he was not present when the survey was conducted. To this, respondents would respond by producing certain photographs taken during the course of the survey, where the petitioner is admittedly standing. The respondents would also submit that notice of survey was issued to the petitioner but since he refused to receive the same. A copy of the photograph where his son seen holding the notice is produced. The authorities were hence forced to serve the same by way of affixture on account of the petitioner’s refusal to receive the notice. 4. In light of the admitted position that the petitioner is seen in the photograph at the time of the survey, we do not have anything more to say on this aspect of the matter as the petitioner is evidently in the know as far as the survey proceedings are concerned. https://www.mhc.tn.gov.in/judis
2026:MHC:2922 CONT P No. 3139 of 2025 __________
5. We have also been shown a series of photographs both before and after the clearance of the encroachments post the survey. However, the petitioner is not satisfied, stating that apart from the encroachments seen in the photographs, there are other encroachments as a result of which the 20 feet road has been narrowed significantly. We are neither in a position, nor are we inclined to conduct a fact finding exercise on this matter at this juncture. 6. With regard to the width of the road, suffice it to say that, post the survey resulting in a report dated 29.04.2026 in which the petitioner is also shown to be an encroacher, notices have been issued under Section 128(1)(b) of the Tamil Nadu Urban Local Bodies Act, 1998 to the alleged encroachers, including the petitioner. It is for the petitioner to respond to the same and produce documents in support of his allegations that there are encroachments and the authorities will undoubtedly, on receipt of those responses and documents, look into the matter and do the needful. 7.
With this, this contempt petition is closed. No costs. Connected sub- application is closed. (A.S.M.,J.) (K.G.T.,J.) 16-07-2026 mpl Index: Yes/No Speaking order Neutral Citation: Yes https://www.mhc.tn.gov.in/judis
2026:MHC:2922 CONT P No. 3139 of 2025 __________ DR.ANITA SUMANTH J. AND K.GOVINDARAJAN THILAKAVADI J. mpl CONT P No. 3139 of 2025 AND SUB APPL NO. 640 OF 2026 16-07-2026 https://www.mhc.tn.gov.in/judis