Dr.K.Pazhani vs K.P.Karthikeyan
2023 Latest Caselaw 13989 Mad

Citation : 2023 Latest Caselaw 13989 Mad
Judgement Date : 18 October, 2023

Madras High Court

Dr.K.Pazhani vs K.P.Karthikeyan on 18 October, 2023

                                                                 Cont.P.(MD) No.1658 of 2023



                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 18.10.2023

                                                      CORAM:

                                    THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
                                                       and
                                    THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN


                                             Cont.P.(MD) No.1658 of 2023
                                                          in
                                              W.P.(MD) No.12928 of 2017


                 Dr.K.Pazhani                                                    ... Petitioner

                                                        -vs-


                 1.K.P.Karthikeyan, I.A.S.,
                   District Collector
                   Tirunelveli District
                   Tirunelveli

                 2.K.Vallinayagam
                   Tahsildar
                   Radhapuram Taluk
                   Tirunelveli District

                 3.Mariappan
                   Head Surveyor
                   Radhapuram Taluk
                   Tirunelveli District




                 ____________
                 Page 1 of 6

https://www.mhc.tn.gov.in/judis
                                                                       Cont.P.(MD) No.1658 of 2023



                 4.S.Sivakumar
                   Assistant Executive Engineer
                   PWD/Nee.Aaa.Aa
                   Irrigation Section
                   Nanguneri Sub Division
                   Nanguneri, Tirunelveli District

                 5.T.Vinnarasu
                   Ex-Panchayat President
                   Achampadu Village Panchayat
                   South Car Street
                   Kizhavaneri-627 117
                   Via Valliyoor, Tirunelveli District                                 ... Respondents


                 PRAYER: Contempt Petition is filed under Section 11 of the Contempt of

                 Courts Act, 1971 praying to punish the respondents for the willful

                 disobedience of the order passed by this Court in W.P.(MD) No.12928 of 2017,

                 dated 03.08.2017.


                                  For Petitioner    : Mr.Ananth C.Rajesh

                                  For Respondents   : Mr.S.Shanmugavel
                                                      Additional Government Pleader


                                                          ORDER

[Order of the Court was made by S.M.SUBRAMANIAM, J.]

This contempt petition has been filed alleging willful disobedience

of the order, dated 03.08.2017, made in W.P.(MD) No.12928 of 2017.

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https://www.mhc.tn.gov.in/judis Cont.P.(MD) No.1658 of 2023

2. The contempt petitioner is the seventh respondent in the writ

petition. Relying on the observation made by this Court in Paragraph No.3 of

order passed in the writ petition, learned counsel for the contempt petitioner

reiterated that the contempt petitioner cannot be evicted from the subject

property.

3. Learned Additional Government Pleader appearing for the

respondents, on instructions, made a submission that survey was conducted,

encroachments were identified and the possession of the contempt petitioner

has not been disturbed.

4. It is made clear that in the order passed in the writ petition,

this Court has not prevented the authorities concerned from taking action

against the encroachers. As per the Orders of the Apex Court and the

Judgments of the Full Bench of this Court, water bodies and water resources

are to be protected and no encroachments are permissible in the water bodies

and water resources. Encroachers are liable to be evicted by following due

process of law under the relevant enactments. Therefore, the order passed by

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https://www.mhc.tn.gov.in/judis Cont.P.(MD) No.1658 of 2023

this Court in the writ petition would not be an impediment for the authorities

concerned to remove the encroachments in the water bodies or in the

Government lands in the manner known to law and by following due process

of law.

5. That apart, this contempt petition has been filed after a lapse of

more than five years from the date of passing of the order in the writ petition

on 03.08.2017. Therefore, it is hit by Section 19 of the Contempt of Courts

Act, 1971. Contempt petition filed beyond a period of reasonable time,

without sufficient reasons for such delay, is not entertainable. Hence, we are

not inclined to entertain this contempt petition.

6. Accordingly, the contempt petition is dismissed.

                                                              [S.M.S., J.]          [G.R.S., J.]
                                                                        18.10.2023
                 NCC      : Yes / No
                 Index : Yes / No
                 Internet : Yes / No

                 krk




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https://www.mhc.tn.gov.in/judis Cont.P.(MD) No.1658 of 2023

To:

1.Mr.K.P.Karthikeyan, I.A.S., District Collector, Tirunelveli District, Tirunelveli.

2.Mr.K.Vallinayagam, Tahsildar, Radhapuram Taluk, Tirunelveli District.

3.Mr.Mariappan, Head Surveyor, Radhapuram Taluk, Tirunelveli District.

4.Mr.S.Sivakumar, Assistant Executive Engineer, PWD/Nee.Aaa.Aa, Irrigation Section, Nanguneri Sub Division, Nanguneri, Tirunelveli District.

5.Mr.T.Vinnarasu, Ex-Panchayat President, Achampadu Village Panchayat, South Car Street, Kizhavaneri-627 117, Via Valliyoor, Tirunelveli District.

____________

https://www.mhc.tn.gov.in/judis Cont.P.(MD) No.1658 of 2023

S.M.SUBRAMANIAM, J.

and G.R.SWAMINATHAN, J.

krk