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5 lakhs fine MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Contempt Petition No.556 of 2024 and Sub Appl Nos.174, 175 of 2024 and 72 of 2025 Elephant G. Rajendran Advocate, Plot No.4, Door No.10/301, Anjaneyar Koil Street, Vengaivasal, Chennai 600 126.                 …  Petitioner Versus Mr.Shiv Das Meena, IAS.,    The Chief Secrtary,     Government of Tamil Nadu,     Secretariat, Chennai 9. Mr.P.Amudha, I.A.S.,     The Home Secretary,                                                         

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MR.JUSTICE R.SUBRAMANIAN AND

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:  24.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE

Contempt Petition No.556 of 2024 and Sub Appl Nos.174, 175 of 2024 and 72 of 2025

Elephant G. Rajendran

Advocate,

Plot No.4, Door No.10/301,

Anjaneyar Koil Street,

Vengaivasal, Chennai 600 126.                 …  Petitioner

Versus

  1. Mr.Shiv Das Meena, IAS.,    The Chief Secrtary,     Government of Tamil Nadu,     Secretariat, Chennai 9.
  2. Mr.P.Amudha, I.A.S.,

The Home Secretary,                                                       

Government of Tamil Nadu,     Secretariat, Chennai 9.

  • Mr.K.V.Muralidharan IAS.,

The Commissioner, (HR & CE)     Hindu Religios & Charitable Endowment,     Nungambakkam High Road, Chennai 34.

  • Mr. Rajesh Lakhoni, IAS.,     The Chairman,

Tamilnadu Electricity Board,       Anna Salai, Chennai 2.

  • Mr.Deepak Jacob, IAS.,     The District Collector,       Thanjavur District.
  • Mr.R.Lakshmanan, B.E.,     The Commissioner,       Kumbakonam Municipality,       Kumbakonam 612 001.
  • Mr.Smty. Poornima, B.E.,    The Sub-Collector/RDO     Kumbakonam 612 001.
  • Mr.Senthilkumar,

The Superintending Engineer,     High Ways Department, Thanjavur.

  • Mr.Muthumani, B.E.,

The Superintendent/ Asst. Executive Engineer,     Public Work Department,     Kumbakonam 612 001.

  1. Mr. Thiruvankadam,

The Divisional Engineer,

Tamilnadu Electricity Board,       Kumbakonam 612 001.

  1. Kumbakonam Mutual Benefit Fund Nidhi Limited,

Rep. by its Managing Director,

K.M.B.F. Nidhi Limited,

Registered Office,

No.23 & 24, Dr. Besant Road,

Kumbakonam 612 001.       …  Respondents (Impleaded as 11th respondent as per the order of the Hon’ble Court made in Sub Appl.No.56/2025 in Cont.P.No.556/2024 dated 21.01.2025)

PRAYER: Petition filed under Sections 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for their willful and disobedience and refused to comply the order in WP No.31720 of 2015 dated 09.04.2018.

For Petitioner

:  Mr.Elephant G. Rajendran

Party-in-person

For Respondents

: Mr.M.Suresh Kumar,

Additional Advocate General

Asst. by Mr.P.Srinivasan, Standing Counsel for RR1 & 6

Mr.A. Selvendran,

Special Government Pleader,

for RR 2, 4, 5, 7 to 9

Mr.K.Karthikeyan,  HR & CE, for R3

Mr.L.Jai Venkatesh, Standing Counsel

for R10

Mr.C.Jagadish, for R11

*****

O R D E R

(Order of the Court was delivered by R.SUBRAMANIAN, J.)

Insofar as the disconnection of drainage outlets from the houses adjoining the canals, the Commissioner, Kumbakonam Municipal

Corporation has filed a report stating that the pipe lines have been removed and the openings have been completely closed without leaving a chance for reopening.  The learned counsel for the Corporation is directed to furnish a copy of the affidavit of the Commissioner along with the photographs to the District Judge Commissioner to enable him to visit the area and file a report as to whether the drainage connections have been blocked completely.

  • As regards construction of the Ration Shop in water body called Thaikal kulam, the District Collector, Thanjavur, has filed an affidavit stating that the same was constructed at a cost of Rs.15,00,000/- upon sanction being granted by one Mr.S.Mani Executive Engineer and

Municipal Commissioner In-charge at the Kumbakonam Municipal

Corporation on 17.03.2022.  This has been done with the consent of the then

Municipal Commissioner Kumbakonam, who finalised the work order on

19.05.2022. The sum of Rs.15,00,000/- has been spent out of the

Constituency Development Fund of the Member of the Legislative Assembly. It is now stated that the building has been vacated and the learned counsel for the Kumbakonam Municipal Corporation undertakes to remove the building.  The building shall be removed within 15 days from today and the compliance shall be informed to the District Judge Commissioner.

  • Mr. Elephant G.Rajendran, the petitioner in the Contempt Petition would claim that in the guise of putting up revetment wall on Ollaipattinam Vaikal, the Municipal Corporation is attempting to reduce the width of the vaikal and make land available for encroachment by politicians and rich persons.  He would also claim that the tender for Rs.13,25,00,000/- was issued by the Corporation and upon instructions by the District Collector, the work was stopped.  He is permitted to take any legal action on the said issue.
  • However, the District Judge Commissioner is required to

inspect the said vaikal also and file a report on the width of the vaikal as per the Revenue Records as well as the construction that has been put up.     The District Judge Commissioner would submit that out of the 44 tanks only 7 tanks have been fully restored, in three tanks there are trees and four tanks are subject matter of litigation before the Madurai Bench of Madras High Court and the remaining 26 tanks no action has been taken for removal of the encroachments.

  • There will be a direction to the Kumbakonam Municipal Corporation to use the sum of Rs.13,25,00,000/- allotted for construction of retaining Walls in Olaipattinam Vaikal for removal of encroachments in the other tanks.  This expenditure is authorized by this Court by way of this judicial order only to prevent the Municipal Corporation from claiming that they do not have funds for restoration of the Tank which come within their jurisdiction.
  • As far as the Tanks and Vaikals, which are vested in the Water Resources Department, the Water Resources Department will remove the encroachments. All the encroachments shall be removed within a period of four months from today.  The District Judge Commissioner is requested to visit the Town once in 15 days and monitor the progress of the encroachment removal and file reports as frequently as possible to this Court.
  • With the above observations, the Contempt Petition will stand closed.  If the encroachments are not completely removed within four months, the contempt petition will stand revived and the Kumbakonam Municipal Corporation as well as the District Administration of Thanjavur, will pay a cost of Rs.5,00,000/- each, if they create a situation for revival of the Contempt Petition.  Once the Contempt Petition is revived, the cost of

Rs.5,00,000/- is to be paid to the Madras High Court Legal Services Authority.

  • The District Collector is directed to depute enough staff to help the District Judge Commissioner to identify the encroachments and monitor the removal in tanks and vaikals and the width of all the tanks and vaikals is to be maintained as per the Revenue Map. The District Administration with the help of the Municipal corporation shall take all steps to locate and restore the inlet water canal that serves as a source of supply to the Pottramarai Tank by conducting a joint survey.
  • No further construction shall be put up in any of the Vaikals or Tanks, without express permission of this Court.  No individual shall be permitted to build any bridge across any of the Vaikals within the Town, if

any bridge is deemed necessary by the Kumbakonam Municipal

Corporation, it can put up the same after obtaining express permission from the Water Resources Department.

  1. The State Government will pay a further remuneration of Rs.2,50,000/- to the District Judge Commissioner within a period of 15 days from today.  The District Judge Commissioner is also permitted to apply for reopening the Contempt, if the encroachments are not removed within the stipulated time.   Consequently, the connected sub applications are closed.

            

              

     (R.SUBRAMANIAN, J.)     (ABDUL QUDDHOSE, J.)                24.04.2025

jv

Index:    Yes/No

Speaking order/Non Speaking order

Neutral Citation: Yes/No

To

  1. The Chief Secrtary,    Government of Tamil Nadu,     Secretariat, Chennai 9.
  2. The Home Secretary,

Government of Tamil Nadu,     Secretariat, Chennai 9.

  • The Commissioner, (HR & CE)     Hindu Religios & Charitable Endowment,     Nungambakkam High Road, Chennai 34.
  • The Chairman,

Tamilnadu Electricity Board,       Anna Salai, Chennai 2.

  • The District Collector,      Thanjavur District.
  • The Commissioner,      Kumbakonam Municipality,       Kumbakonam 612 001.
  • The Sub-Collector/RDO    Kumbakonam 612 001.
  • The Superintending Engineer,    High Ways Department, Thanjavur.
  • The Superintendent/ Asst. Executive Engineer,    Public Work Department,     Kumbakonam 612 001.
  • The Divisional Engineer,

Tamilnadu Electricity Board,       Kumbakonam 612 001.

R.SUBRAMANIAN, J. and     

ABDUL QUDDHOSE, J.

jv

Contempt Petition No.556 of 2024

24.04.2025

1/2

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