R. Rajan, Vs K. Manivasan, I.a.S., and 3 others — Contempt of Court | Madras HC (2026)

R. Rajan, Vs K. Manivasan, I.a.S., and 3 others — Contempt of Court | Madras HC (2026)

What the court decided

AI extract

Outcome

No punitive relief; the Contempt Petition stands closed following recorded compliance (encroachment evicted on 27.06.2024). Respondents directed to monitor and evict any further encroachments by following the prescribed procedures.

Issue for consideration

Whether the respondents committed contempt by wilful disobedience of the order dated 16.10.2023 in W.P.No.29777 of 2023. +2 more

Court's answer

Taking note of the compliance affidavit filed by the Joint Secretary to Government, Water Resources Department reporting eviction of the encroachment on 27.06.2024, and notwithstanding the petitioner's submission of renewed encroachments (W.P.No.11056 of 2025), the Court closed the Contempt Petition without imposing any punishment on the respondents.

Key takeaways

Mere eviction of encroachments is insufficient; water bodies and public properties are to be protected by the competent Authority in the manner contemplated under law, monitoring of encroachments is of paramount importance, public authorities are expected to perform their duties vigilantly, and if any encroachments are identified the respondents shall evict the same by following the procedures.obiter¶35

Detailed headnote1 paragraphs

CONTEMPT OF COURTS ACT, 1971 – S.11 – Alleged wilful disobedience of order dated 16.10.2023 in W.P.No.29777 of 2023 concerning eviction of encroachment in S.F.No.495, Budur Village, Madurantakam Taluk – Compliance affidavit filed by Joint Secretary, Water Resources Department reporting Form III notice issued on 20.06.2024 under the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 and eviction of the encroachment made by Surulirajan on 27.06.2024 in presence of local revenue officials – Petitioner's counsel submitted that fresh encroachments were made at the same location and another writ petition (W.P.No.11056 of 2025) filed – Court observed that mere eviction is insufficient; water bodies and public properties must be protected and monitored vigilantly by competent authorities, and any identified encroachment shall be evicted by following the prescribed procedures – Contempt Petition closed.

Cont.P.No.2653 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2026

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND

THE HONOURABLE MR.JUSTICE K.SURENDER

Cont.P.No.2653 of 2024

R.Rajan

...Petitioner

Vs.

1.K.Manivasan, I.A.S.,

The Additional Chief Secretary, Water Resources Department, Fort St. George,

Chennai – 600 009.

2.P.Amudhan, I.A.S., Principal Secretary to Government, Revenue Administration and Disaster Management Department, Fort St. George,

Chennai 600 009.

S.Arunraj, I.A.S., District Collector, District Collectorate Office, Chengalpattu District.

4.Durai Rajan, Tahsildar, Madurantakam Taluk, Chengalpattu District. ...Respondents

1/5

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

Cont.P.No.2653 of 2024

------------------------------ PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for contempt of the order of this Court passed in W.P.No.29777 of 2023 dated 16.10.2023.

For Petitioner : Mr.J.R.K.Bhavanantham For Respondents : Mr.D.Ravichander, Spl. Govt. Pleader

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The present Contempt Petition has been instituted to punish the respondents for their wilful disobedience of the order dated 16.10.2023 in W.P.No.29777 of 2023.

2. The Joint Secretary to Government, Water Resources Department,

Secretariat, Chennai – 600 009 has filed a compliance affidavit and the relevant paragraph No.6 is extracted hereunder:-

6. I further humbly submit that on receipt of the details of the encroachment i.e., Form-I and Form-II, from the Tahsildar, Madurantakam, Form III notice was issued on 20.06.2024 to the above said encroacher by the Assistant Engineer, Water Resources Department, under the provisions of the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007. Thereafter, the encroachment was evicted by the Assistant Engineer, Water Resources

2/5

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

Cont.P.No.2653 of 2024

------------------------------ Department, Irrigation Section, Madurantakam on 27.06.2024 in presence of the local revenue officials. Hence, I submit that the encroachment made by said Surulirajan was evicted as per the orders of this Hon’ble Court and there are no encroachments in S.F.No.495 of Budur Village in Madurantakam Taluk.

3. The learned counsel for the petitioner would submit that again encroachments are made in the same location and he filed another Writ Petition in W.P.No.11056 of 2025.

4. If at all any further encroachments are made, the Authorities are bound to monitor and evict the encroachments by following the procedures. Mere eviction of encroachments would be insufficient and the water bodies and public properties are to be protected by the competent Authority in the manner contemplated under law. Monitoring of encroachments is of paramount importance, more specifically in water bodies. This being the duty mandated on the public Authorities, they are expected to perform their duties vigilantly by protecting the water bodies and public properties. If any encroachments are identified, the respondents shall evict the same by following the procedures.

----3/5

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

Cont.P.No.2653 of 2024

5.

5. With the above observations, this Contempt Petition stands closed .

(S.M.S., J.) (K.S.,J.) 05.03.2026

dsa Internet :Yes/No Index :Yes/No

4/5

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

Cont.P.No.2653 of 2024

------------------------------ S.M.SUBRAMANIAM, J. and K.SURENDER, J.

dsa

Cont.P.No.2653 of 2024

05.03.2026

----5/5

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