Disposed¶39

Shanmugapandiyan v. Annis Sathaar

Madras HC10 Mar 2026CONT P(MD)/2258/2023

Case brief

AI extract

What is this about?

Cont P(MD)No.2258 of 2023, Madurai Bench of Madras High Court, decided 10.03.2026, coram G.R.Swaminathan and R.Poornima JJ.; contempt under Section 11, Contempts of Courts Act, 1971 for alleged non-compliance with order dated 30.09.2022 in W.P(MD)No.23123 of 2022 on encroachment of a pathway (Thirupparankundram/Perungudu); clarification order 27.10.2022 in W.P(MD)No.24457 of 2022 ordered enquiry whether pathway is public pathway or common passage; related suit O.S.No.1680 of 2023, Principal Sub Court, Madurai; Tahsildar proceedings 18.11.2023; held no contempt committed; petition closed with liberty to pursue civil remedy.

What did the court decide?

Contempt Petition stands closed with liberty to the petitioner to pursue his remedy in the pending suit; no contempt found and no punishment imposed on the respondents. ¶39

Shanmugapandiyan Vs Annis Sathaar — Madras HC (2026) — LawSathi Research

¶1

Cont P(MD)No.2258 of 2023

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

DATED : 10.03.2026

¶4

CORAM

¶5

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

¶6

AND

¶7

THE HONOURABLE MS.JUSTICE R.POORNIMA

¶8

Cont P(MD)No.2258 of 2023

¶9

¶10

W.P(MD)No.23123 of 2022

¶11

Shanmugapandiyan

¶12

... Petitioner / Petitioner

¶13

Vs.

¶14

1.Annis Sathaar, Tahsildar, Thirupparankundram, Madurai District.

¶15

2.Geetha, Block Development Officer, Thirupparankundram, Madurai District.

¶16

3.Murugesan, Panchayat President, Perungudu Panchayat, Madurai District.

¶17

... Contemnors / Respondents

¶18

1/5

¶19

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

¶20

Cont P(MD)No.2258 of 2023

¶21

Prayer: Contempt Petition filed under Section 11 of Contempts of Courts Act, 1971 to initiate contempt proceedings against the Contemnors/Respondents and punish them for the wilful disobedience of the order of this Court in W.P(MD)No.23123 of 2022 dated 30.09.2022.

¶22

For Petitioner : Mr.B.Arun

¶23

For Respondents : Mr.T.Amjad Khan Government Advocate for R.1 & R.2

¶24

ORDER

¶25

(Order of the Court was made by G.R.Swaminathan J.)

¶26

The petitioner herein filed W.P(MD)No.23123 of 2022 seeking removal of the alleged encroachment in the petition mentioned pathway. The writ petition was disposed of on 30.09.2022 with certain directions. Contending that the said directions have not been complied with, this contempt petition came to be filed.

¶27

2.The learned Government Advocate points out that subsequently the alleged encroacher filed W.P(MD)No.24457 of 2022 and clarification order was passed on 27.10.2022. The very same Division Bench called upon the authority concerned to conduct enquiry and point out if the pathway in question is a public pathway or a common passage.

¶28

2/5

¶29

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

¶30

Cont P(MD)No.2258 of 2023

¶31

3.Paragraph 6 of the order reads as follows:

¶32

“6.Recording the above submission of the learned Additional Government Pleader and directing the authorities concerned to inspect the area in question, ascertain as to whether there is any encroachment as projected by the petitioner in his representations, and if any encroachment is found, to remove the same, in the manner known to law, with in a period of eight (8) weeks from the date of receipt of a copy of this order, after giving sufficient opportunity to all the parties concerned, the writ petition is disposed of. No costs.”

¶33

4.Subsequently, the alleged encroacher also filed O.S.No.1680 of

¶34

2023 on the file of the Principal Sub Court, Madurai. Thiru.Shanmugapandiyan figures as the defendant in the said suit. The Tahsildar, Thiruparangundram had also issued proceedings dated 18.11.2023 stating that it is only the civil Court that can decide the issue. In these circumstances, we are satisfied that no contempt has been committed by the respondents. The petitioner is at liberty to pursue his remedy in the pending suit.

¶35

3/5

¶36

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

¶37

Cont P(MD)No.2258 of 2023

¶38

5.With the aforesaid liberty to the petitioner, this Contempt

¶39

Petition stands closed.

¶40

[G.R.S., J.] [R.P, J.] 10.03.2026