THE HON’BLE MR JUSTICE R. SURESH KUMAR AND THE HON’BLE MR JUSTICE ABDUL QUDDHOSE REV.APLO No. 9 of 2025 in CONT P No. 556 of 2024 The Commissioner Municipal Corporation, Kumbakonam. ..Petitioner(s) Vs 1.Elephant G Rajendran 2.Shiv Das Meena, I.A.S., The Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai-9. 3.P.Amudha, I.A.S., The Home Secretary, Government of Tamil Nadu, Secretariat, Chennai-9. 4.K.V.Muralidharan, I.A.S., The Commissioner, (HR and CE

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-02-2026
CORAM
THE HON’BLE MR JUSTICE R. SURESH KUMAR
AND
THE HON’BLE MR JUSTICE ABDUL QUDDHOSE
REV.APLO No. 9 of 2025 in
CONT P No. 556 of 2024
The Commissioner Municipal Corporation, Kumbakonam.
..Petitioner(s)
Vs
1.Elephant G Rajendran
2.Shiv Das Meena, I.A.S., The Chief Secretary,
Government of Tamil Nadu, Secretariat, Chennai-9.
3.P.Amudha, I.A.S.,
The Home Secretary,
Government of Tamil Nadu, Secretariat, Chennai-9.
4.K.V.Muralidharan, I.A.S.,
The Commissioner, (HR and CE),
Hindu Religious and Charitable Endowment,
Nungambakkam High Road, Chennai-34.
5.Rajesh Lakhoni, I.A.S., The Chairman Tamil Nadu Electricity Board, Anna Salai, Chennai-2.
6.Deepak Jacob, I.A.S.,
District Collector,
Thanjavur District.
7.R.Lakshmanan, B.E., The Commissioner Kumbakonam Municipality, Kumbakonam-612 001.
8.Smty.Poornima, B.E.,
Sub Collector/RDO,
Kumbakonam- 612 001.
9.Senthilkumar,
The Superintending Engineer
Highways Department, Thanjavur.
10.Muthumani, B.E.,
The Superintending/Asst. Executive Engineer,
Public Works Department, Kumbakonam-612 001.
11.Thiruvankadam,
The Divisional Engineer,
Tamil Nadu Electricity Board, Kumbakonam-612 001.
12.Kumbakonam Mutual Benefit Fund Nishi
Limited, K.M.B.F. Nidhi Limited,
Registered office,
No.23 and 24, Dr. Besant Road, Kumbakonam 612 001.
[Impleaded as 11th respondent as per the Order of the Court made in Sub Appl.No.56/2025 in
Cont.P.No.556/2024, dated 21.01.2025]
..Respondent(s)
Review Application has been filed under Article 215 of the Constitution of India read with Order XLVII Rule 1 of Code of Civil Procedure, to review the order passed in Contempt Petition No.556 of 2024 dated 24.04.2025.
For Petitioner(s): Mr.OM.Prakash
Senior Counsel
For M/s.Gunasri MP
For Respondent(s): Elephant G.Rajendran
Party-in-Person (R1)
Mr.M.Suresh Kumar
Additional Advocate General
Assisted by Dr.T.Seenivasan
Special Government Pleader
For R2
ORDER
[Order of the Court was made by R.SURESH KUMAR J.]
Pursuant to the earlier orders, today when the case is taken up for hearing,
Mr.OM.Prakash, learned Senior Counsel appearing for the Kumbakonam
Municipality has placed the reports filed by the retired District
Judge/Commissioner, appointed by this Court, dated 04th August, 2025 and 23rd September, 2025.
2. Relying upon these reports filed by the retired District
Judge/Commissioner, the learned Senior Counsel appearing for the Municipality would submit that, there are totally 44 Tanks and 11 Channels
running through the municipal limits of Kumbakonam Municipal Corporation,
however, out of the 44 Tanks, in respect of 21 Tanks, the entire encroachments,
having been found out, had been removed already. Like that, out of the 11 channels, encroachments in 5 channels have already been removed. Therefore,
as of now, there are still encroachments in 23 Tanks and 6 Channels, which
were subjected to inspection conducted by the retired District
Judge/Commissioner pursuant to the orders of this Court.
3. This in fact has been mentioned by the retired District
Judge/Commissioner in his report dated 04th August, 2025.
4. We have gone through the said reports and we find that, almost in all
the remaining Tanks, that is 23 Tanks and 6 Channels, which are covered under
the report of the Commissioner, there are encroachments, but the reports
suggest further that, in respect of each of such Tanks, if the encroachments are
removed in majority cases, that would affect the public utility infrastructures
like roads, pathway and transformers, and so on. If such public utility
infrastructures are touched upon and removed under the guise of removal of
encroachments from waterbody, especially the 23 Tanks, that will jeopardies the
entire public movements and utility of the Kumbakonam Municipality. That would create a wholesome hassle and confusion and also would lead to law and
order issue. Therefore, the learned Senior Counsel appearing for the Municipal Corporation would submit that, wherever there is a possibility of removal of
encroachments in these 23 Tanks and 6 Channels, those encroachments could be
identified and separated and it would be listed before this Court during the next
date of hearing with a time schedule to be drawn in this regard for removal of
those encroachments, which are removable.
5. Like that, insofar as the encroachments that are not at all removable
because of the reasons, which we have stated hereinabove, those encroachments
also, in respect of each Tanks and Channels, will be enumerated and revealed
before this Court. Hence, a comprehensive status report to that effect about the
present encroachment in these tanks and channels and the possibility of removal
of those encroachments within the time frame could be stated before this Court
in the said status report to be filed in this regard by the Kumbakonam Municipal
Corporation Commissioner, for which he seeks for some time.
6. On the other hand, Mr.Elephant G.Rajendran, appearing in person
submitted that, as per the order that was passed in the contempt petition in CONT.P.No.556 of 2024 dated 24.04.2025, it has been specifically directed by
the earlier Division Bench that, within the four months’ time from the date of
the said order dated 24.04.2025, all such encroachments should be removed,
failing which, the contempt petition would stand revived and the Kumbakonam Municipal Corporation as well as the District Administration of Thanjavur will
pay the costs if they create a situation of revival of the contempt petition.
7. Citing these directions given by the Court in its order dated 24.04.2025, Mr.Elephant G.Rajendran has pointed out that, not only within the
four months’ time frame, but even till today, admittedly, the District Administration or the Municipal Corporation have not taken effective steps to
remove all such encroachments in the waterbodies of the Kumbakonam Municipal Corporation area, despite repeated orders having been passed in this
regard in the said contempt petition. Therefore, the said contempt petition
No.556 of 2024 shall be revived by imposing costs on them, as directed earlier on 24.04.2025, and further, necessary action be initiated by this Court in the
said contempt petition under the provisions of the Contempt of Courts Act, 1971.
8. Mr.Elephant G.Rajendran would also submit that, already, the Revenue Tahsildar has filed a report, where there are encroachments in all the 44 Tanks
and 11 Channels, however, the retired District Judge/Commissioner in his report
has indicated that there are encroachments only in 23 Tanks and 6 Channel, as
projected by the Municipal Corporation Commissioner. Therefore, it is contra
to the report already been submitted in this regard by the Revenue Tahsildar and
a copy of the report would be filed before this Court during next date of hearing,
he contended.
9. Having heard the learned Senior Counsel appearing for the Municipal Corporation, as well as the party-in-person, we deem it appropriate to pass the
following further orders in this petition:
(1)That there shall be a direction to the Kumbakonam City Corporation
Commissioner to file a status report, as indicated hereinabove, demarcating the encroachments that are capable of being removed within a time frame and certain encroachments, which could not be removed because of larger public interest involved.
(2)These two areas, in respect of each of the Tanks and Channels, could be identified and demarcated and a Tank-wise and a Channel-wise report
comprehensively shall be filed as a status report during the next date of hearing. The report must also state, within which time the Municipal Corporation will take effective steps to ensure that all such encroachment could be removed from these areas.
(3)Even in respect of the encroachments, which are not capable of being removed because of the larger involvement of the public interest, even that also shall be mentioned Tank-wise and the Commissioner, on behalf of the Municipality, may suggest the alternate mechanism to be adopted to streamline those encroachments without affecting the larger public interest. Such a status report shall be filed by the Municipal Corporation on or before 02.03.2026.
(4)It is made clear that, since it is stated by the learned Senior Counsel appearing for the Municipal Corporation that, out of total 44 Tanks and 11 Channels, in respect of 21 tanks and 5 channels entire encroachments since have been removed according to the inputs supplied to him by the Corporation
Commissioner, an affidavit to that effect detailing those encroachments which have been found out and removed in respect of those 21 Tanks and 5 Channels be filed by the Commissioner of the Municipal Corporation and such affidavit also to be filed on the next date of hearing.
10. Post the matter on 02.03.2026.
[R.S.K.,J.] [A.Q.,J.]
05-02-2026 Jeni
To
1.The Chief Secretary,
Government of Tamil Nadu, Secretariat, Chennai-9.
2.The Home Secretary,
Government of Tamil Nadu, Secretariat, Chennai-9.
3.The Commissioner, (HR and CE),
Hindu Religious and Charitable Endowment,
Nungambakkam High Road, Chennai-34.
4.The Chairman
Tamil Nadu Electricity Board, Anna Salai, Chennai-2.
5.The District Collector, Thanjavur District.
6.The Commissioner
Kumbakonam Municipality, Kumbakonam-612 001.
7.The Sub Collector/RDO, Kumbakonam- 612 001.
8.The Superintending Engineer
Highways Department,
Thanjavur,
9.The Superintendent/Asst. Executive Engineer,
Public Works Department, Kumbakonam-612 001.
10.The Divisional Engineer, Tamil Nadu Electricity Board, Kumbakonam-612 001.
R.SURESH KUMAR J.
AND ABDUL QUDDHOSE J.
Jeni
REV.APLO No. 9 of 2025 in CONT P No. 556 of 2024 05-02-2026