Sarasal vs Thiru Rajagopal Sunkara
2024 Latest Caselaw 14916 Mad

Madras High Court

Sarasal vs Thiru Rajagopal Sunkara on 1 August, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                            Cont.P.No.896 of 2024

                                   THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED: 01.08.2024

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                   AND
                              THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN

                                         Contempt Petition No.896 of 2024

                     Sarasal                                                    ..Petitioner
                                                          Vs.

                     1.Thiru Rajagopal Sunkara, I.A.S.,
                       The District Collector,
                       O/o. The District Collector,
                       Erode – Post & District.

                     2.Thiru Boopathi,
                       The Tahsildar,
                       O/o. The Tahsildar,
                       Perundurai – Taluk & Post,
                       Erode – District.
                                                                             ..Respondents

                     Prayer: Contempt Petition filed under Section 11 of the Contempt of
                     Courts Act, 1971 to punish the respondent for willfully and wantonly
                     disobeyed the order passed by this Court in W.P.No.14524 of 2023 dated
                     25.05.2023.
                     For Petitioner       : Mr.D.Veerasekharan
                     For Respondents      : Mr.A.Selvendran, Special Government Pleader




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                                                                                   Cont.P.No.896 of 2024

                                                         ORDER

(Judgment of the Court was made by R.SUBRAMANIAN,J.)

The additional affidavit filed by the 2nd respondent, The

Tahsildar, Perundurai discloses that the encroachments in Government

land have been removed.

2. While accepting the fact that the encroachment in the

Government land has been removed, Mr.D.Veerasekharan, learned

counsel appearing for the contempt petitioner would contend that the

petitioner is unable to get out of her house, since the adjacent owner have

fenced their land.

3. If she has a right over the lands belonging to individual, it is

open to her to enforce that right through the competent civil Court. The

said right against an individual cannot be agitated under Article 226 of

the Constitution of India or under the contempt jurisdiction.

4. Accordingly, this contempt petition is closed.

https://www.mhc.tn.gov.in/judis

(R.S.M.,J.) (V.L.N.,J.) 01.08.2024

dsa Index : No Internet : Yes Neutral Citation : No Speaking order

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R.SUBRAMANIAN,J.

and V.LAKSHMINARAYANAN,J.

dsa

Contempt Petition No.896 of 2024

01.08.2024

https://www.mhc.tn.gov.in/judis