Cont.P.No.3911 of 2025 P.VELMURUGAN,J. and M. JOTHIRAMAN,J. Issue statutory notice on the respondent(s) returnable by 20.02.2026. List on 20.02.2026 [PVJ] [MJRJ] 23.01.2026 cgi

[29/01, 15:37] Sekarreporter: Cont.P.No.3911 of 2025
P.VELMURUGAN,J.
and
M. JOTHIRAMAN,J.
Issue statutory notice on the respondent(s) returnable by 20.02.2026.
List on 20.02.2026
[PVJ] [MJRJ] 23.01.2026
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https://www.mhc.tn.gov.in/judis ( Uploaded on: 27/01/2026 01:31:12 pm )
[30/01, 08:33] Sekarreporter: MEMORANDUM OF CONTEMPT PETITION
(Under Section 11 of the Contempt of Courts Act)
IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Contempt Jurisdiction)
Cont.P. No: of 2025
In writ Petition No. 16597 of 2025 P. Selvam
Slo.PaavadaiMudaliyar
Secretary
Arulmighu ThuropathaiAmman AalayaSengundhar
MahajanaSangam

No.20111 , SundaranaarVeedhi
Periyar Nagar South
Virudhachalam — 606 001
Petitioner/Petitioner
Cuddalore District
Versus

1. Thiru. Sibi Adithya Senthil Kumar I.A.S., The District Collector
Cuddalore District
2. Tmt. Vishnu Priya
The Revenue Divisional Officer
Virudachalam

Cuddalore District
3. Tmt. Kanchana
The Commissioner

Virudachalam Municipality
Virudachalam — 606 001
Cuddalore District
4. Thiru. Aravindan,
The Tahsildar
VirudachalamTaluk Respondents/Respondents
Cuddalore District

CONTEMPT PETITION
The address of the petitioners for issuance of process and notice is that of their counsel M/S. M. Elumalai, G. Kannagi, Marish Kumaran C.M. and J. Janarthanan having office at Old No.151 , New No.313, Thambu Chetty Street, Chennai — 600 001.
The address of the respondents for issuance of process and notice is that of the same as set out in the cause title above.
For the reasons stated in the accompanying affidavit, it is therefore humbly pray that this Honorable Court may be pleased to initiate appropriate contempt proceedings against the respondents for non-compliance of -the order dated 08.07.2025 passed by this Honorable Court in W.P. No: 16597 of 2025 and punish them for their failure to adhere to the directions issued by this Court and pass further suitable orders and thus render justice.
Dated at Chennai on this the 2 g Day of October 2025.
Counsel for Petitioner.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Contempt Jurisdiction)
Cont.P. No: of 2025
In writ Petition No. 16597 of 2025 P. Selvam
S/o.PaavadaiMudaliyar
Secretary
Arulmighu ThuropathaiAmman AalayaSengundhar
MahajanaSangam
No.20/11, SundaranaarVeedhi
Periyar Nagar South
Virudhachalam — 606 001
Cuddalore District Petitioner/Petitioner

Versus
1. Thiru. Sibi Adithya Senthil Kumar I.A.S.,

The District Collector
Cuddalore District
2. Tmt. Vishnu Priya
The Revenue Divisional Officer
Virudachalam
Cuddalore District
3. Tmt. Kanchana
The Commissioner
Virudachalam Municipality
Virudachalam — 606 001
Cuddalore District

4. Thiru. Aravindan, The Tahsildar

VirudachalamTaluk Respondents/Respondents
Cuddalore District

Affidavit of the Petitioner
I, P. Selvam, Son of Paavadai Mudaliyar, aged 67 years, Secretary, Arulmighu Thuropathai Amman Aalaya Sengundhar Mahajana Sangam, Residing No.20/11 , Sundaranaar Veedhi Periyar Nagar South, Virudhachalam — 606 001, Cuddalore District, temporarily come down to Chennai, do hereby solemnly affirm and sincerely declare as follows:-
1. I am the Petitioner in this contempt petition and also petitioner in above Writ Petition I am fully aware of the facts of the case.
2. I am filing this Contempt Petition against the Respondent as he has been committing gross contempt of court by deliberately and willfully disobeying the order of this Court made W.P. No: 16597 of 2025 dated 08.07.2025. The facts leading to the filing of the contempt petition are as follows:
3. I am the Secretary of Arulmighu Thuropathai Amman Aalaya Sengundhar Mahajana Sangam in Junction Road, SF No. 103, Pudupet in Virudachalam Town &Taluk is in existence for more than 150 years. The temple belongs to Sengudhar Community and therefore it is maintained by the people belonged to the said community. For the purpose of properly maintaining the Temple and it’s affairs, a Sangam

has been constituted in which I am functioning as Secretary. The people belonging to this Community & other people are mostly engaged in weaving. The community people belonging to Sengundhar Community

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are performing the daily poojas, conducting various festivals in the temple for a long time.

4. I humbly submit that there are nearly 65 cents of lands belonging to the

Temple comprised in Survey No.76, Old Survey No.103. This land is

prominently mentioned as “Thuropathai Amman Temple” in the

Virudachalam Town Survey Field Register in respect of Ward No.E,

Block No.7 within Virudachalam Municipality. Some of the lands have

been let out to tenants to run petty shops inter alia to augment the temple

revenue. However, several persons engage in a confrontational attitude with the Sangam, which collects rent on behalf of the Temple. Some of the Tenants refused to pay rent and some other persons refused to vacate even if they are called upon to do so for non-payment of rent. In fact, some of the Tenants claimed a right and ownership over the land belonging to the temple on the ground that they are in occupation of the lands as Tenants for several years. Some of the encroachers have also filed suit for a declaration to declare that they are the owner of the temple lands which was opposed by the Petitioner Sangam.
5. I humbly submit that one Saviour Raj, a Tenant in the land belonging to the temple, has filed a suit in N o. 254 of 2009 before the I Additional
District Munsif Court, Virudachalam and it was dismissed on 21.11.2013

holding that the Plaintiff therein cannot claim any right, title or interest over the property in which he is Occupying as a Tenant. An appeal was

filed there against in AS’ 15 of 2014 before the Sub Court, Virudachalam and it was also dismissed on 16.03.2015 after elaborate discussion of the title to the Temple. The copy of the Judgment passed in A.s. No. 15 of 2014 has been filed as a document along with

this writ petition. The J udg ment in A• S • No. 15 of 2014 is only a tip of the ice berg and there are many litigation going on between the temple and
their tenants. There are also other suits filed in O.S. Nos. 27, 28 and 30 of 2019 before the Sub Court, Virudachalam which were dismissed on
12.10.2023 by a common Judgment and Decree. Thus, it is respectfully submitted that many encroached the land and made an unauthorized construction who are in occupation are often claiming a right, title and interest over the temple lands which were negative by the competent Civil Court.
6. I humbly submit that apart from institution of frivolous and vexatious suit, some of the persons occupying the temple lands have also created forged and fabricated documents to make a claim that they are in possession and enjoyment of the lands in their own right and that the said lands have been bequeathed in their favour by their ancestors. There are also several police complaints given and enquiries are pending at various stage. It is also necessary to mention that some of the persons
have also obtained Patta in the temple lands in their individual names
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based on forged and fabricated documents. The temple is initiating legal action against them and they are pending at various stages.
7. I humbly submit that the one person named S. Samsudeen (fifth respondent in WP) along with other persons are putting up a construction over the temple land. Such construction is being made without any right or authority i.e. unauthorised construction. Therefore, on behalf of Sangam I gave representations to all the respondents, particularly to the commissioner of Municipality, VirudachalamTaluk and to the Revenue Divisional Officer, Virudachalam to pass appropriate orders to restrain the fifth respondent from proceeding with the temple. Such representations were given on 01.04.2025 and 18.04.2025 under due acknowledgment. However, no action has been taken.
8. I humbly submit that because of the non-action in the part of the respondent. Therefore, I approached this Honorable Court with WP No. 16597 of 2025 for issuing a Writ of Mandamus, to direct the respondents to consider the representations dated 01.04.2025 and
18.04.2025 and to remove the unauthorized construction made in
S.No:76, Old S.No:103 to the extent of 65 cents.
9. I humbly submit that after hearing either side, this Honorable Court was pleased to dispose Of the writ Petition by order dated 08.07.2025, by directing the respondents herein to consider my representations dated

01.04.2025 and 18.04.2025 and to remove the unauthorized construction put up by the 5th respondent in S.No:76, Old S.No:103 to the extent of 65 cents in accordance with law, within a period of eight weeks from the date of receipt of a copy of the order.
10. I further submit that I sent a letter dated 24.07.2025 to the respondents herein through my counsel by registered post with acknowledgment due and requested the respondent to comply with the directions issued by this Honorable Court in the order dated 08.07.2025 in W.P. No: 16597 of 2025 even I also visited the office of the respondent herein to comply with the order of this Hon’ble Court but there -is no response from the respondent herein. Further I sent a representation dated 26.09.2025 to the respondents herein to comply the order within a

time frame fixed by this Hon’ble Court. However, no action has been

taken to remove the unauthorized construction. It is pertinent to submit that the said Samsudeen (5th respondent -in the writ petition) has

unlawfully erected a board titled “Tamil Nadu Dhavjith Jamath” on the

temple land on 18.10.2025. He has also installed a radio on top of the

building and is unauthorizedly using the temple premises in a manner resembling a mosque, thereby creating a situation likely to incite communal tension in the locality. Hence, it is just and necessary that the

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said unauthorized construction be removed forthwith to maintain peace/ O
11 . I submit that the non-compliance of the order 08.072025 in w.p. No:

16597 of 2025 by the respondent are deliberate, intentional and willful.
On the other hand, the inaction on the part of the respondent is causing untold mental agony and hardship to me. Therefore, it is just and necessary that the Respondent is punished for committing gross

contempt of this order of this Hon’ble High Court. •In the above

circumstances, I am left with no other alternative, effective and speedy remedy available except to approach this Honorable Court with this Contempt petition.
I therefore humbly pray that this Honorable Court may be pleased to initiate
appropriate contempt proceedings against the respondents for non-compliance of the order dated 08.07.2025 passed by this Honorable Court in W.P. No: 16597 of
2025 and punish them for their failure to adhere to the directions issued by this
Court and pass further suitable orders and thus render justice.
Solemnly affirmed at Chennai on this the?’ day of Oct. 2025 and signed his name in my presence after the contents of this affidavit were read over and explained to him in Tamil.