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Madras High Court

Elephant G.Rajendran vs Tr.K.Muthumani on 5 March, 2026

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                              1              CONT.P.(MD)NO.2157 OF 2024

                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                                DATED: 05.03.2026
                                                          CORAM
                                  THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
                                                            AND
                                      THE HON'BLE MRS.JUSTICE R.POORNIMA
                                          CONT.P.(MD)No.2157 of 2024 IN
                                            W.P.(MD)No.22788 of 2022

                     Elephant G.Rajendran                                    ... Petitioner / Petitioner

                                                              Vs.
                     1. Tr.K.Muthumani,
                        Assistant Executive Engineer,
                        Cavery Drain Sub-Division,
                        Public Works Department,
                        Kumbakonam.

                     2. Tr.S.Balasubramanian,
                        Divisional Engineer,
                        (Construction and Maintain Division),
                        State Highways Department,
                        Thanjavur.

                     3. Tr.J.Senthilkumar,
                        Assistant Divisional Engineer,
                        (Construction and Maintain Division),
                        State Highway Department,
                        Kumbakonam.

                     4. Tmt.Priyanka Pankajam,IAS,
                        District Collector,
                        Thanjavur District.



                     1/5


https://www.mhc.tn.gov.in/judis              ( Uploaded on: 11/03/2026 03:48:10 pm )
                                                                    2              CONT.P.(MD)NO.2157 OF 2024

                     5. Tr.P.Venkateshwaran,
                        Tahsildar,
                        Kumbakonam.                                        ... Contemnors /Respondents

                                  Prayer: Contempt petition filed under Section 11 of the
                     Contempt of Courts Act, 1971, to punish the respondents for their
                     willful disobedience in complying the order passed by this Court
                     dated 28.09.2022 passed in W.P.(MD)No.22788 of 2022.


                                  For Petitioner       : No appearance.

                                  For Respondents      : Mr.S.Vinodh,
                                                         Government Advocate.

                                                                  ***
                                                              ORDER

(Order of the Court was delivered by G.R.SWAMINATHAN, J.) The petitioner is not present. There is no representation on his behalf. The petitioner alleges that the order dated 28.09.2022 in W.P. (MD)No.22788 of 2022 has not been complied with.

2. When the matter was taken up for hearing, the learned Government Advocate informed the Court that out of the six survey numbers pointed out by the writ petitioner, only two come under the control of the State Highways Department. They are T.S.No.19 and T.S.No.4. It is categorically stated that the encroachments found 2/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2026 03:48:10 pm ) 3 CONT.P.(MD)NO.2157 OF 2024 therein have already been removed. The communication dated 07.11.2024 issued to the learned Government Advocate has also been produced before us. It is stated that the other survey numbers come under the control of the HR&CE Department. The respondents herein have no control over the same. We also notice that in the writ petition, none of the encroachers were impleaded. In these circumstances, we do not deem fit to keep the contempt petition pending. It stands closed.

(G.R.SWAMINATHAN, J.) & (R.POORNIMA, J.) 5th March 2026 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU 3/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2026 03:48:10 pm ) 4 CONT.P.(MD)NO.2157 OF 2024 To:

1. The Assistant Executive Engineer, Cavery Drain Sub-Division, Public Work Department, Kumbakonam.
2. The Divisional Engineer, (Construction and Maintain Division), State Highways Department, Thanjavur.
3. The Assistant Divisional Engineer, (Construction and Maintain Division), State Highway Department, Kumbakonam.
4. The District Collector, Thanjavur District.
5. The Tahsildar, Kumbakonam.
4/5

https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2026 03:48:10 pm ) 5 CONT.P.(MD)NO.2157 OF 2024 G.R.SWAMINATHAN, J.

AND R.POORNIMA, J.

PMU CONT.P.(MD)No.2157 of 2024 IN W.P.(MD)No.22788 of 2022 05.03.2026 5/5 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/03/2026 03:48:10 pm )