Case Note & Summary
The contempt petition was filed by A. Arumugam under Section 11 of the Contempt of Courts Act, 1971, alleging willful disobedience of the order dated 06.06.2025 passed by the Madras High Court in W.P.No.20271 of 2025. The order had directed the removal of encroachments from a water body in Attur Taluk, Salem District. The respondents were the District Collector, Revenue Divisional Officer, Tahsildar, and Assistant Engineer of the Public Works Department. The Tahsildar filed a status report stating that all encroachments except one had been removed. The remaining encroachment was based on an assignment granted in 1969. The court noted that appropriate actions were required to cancel the illegal assignment before removal. The court directed the Tahsildar to initiate all necessary actions to cancel the assignment and remove the encroachment to protect the water body in the public interest. Since other encroachments had been removed, the court closed the contempt petition. The judgment was delivered by a division bench of Justice S.M. Subramaniam and Justice K. Surender on 26-03-2026.
Headnote
A) Contempt of Courts Act - Willful Disobedience - Section 11 - Removal of Encroachments - The contempt petition was filed alleging willful disobedience of the court's order dated 06.06.2025 in W.P.No.20271 of 2025 directing removal of encroachments from a water body. The Tahsildar filed a status report indicating that all encroachments except one had been removed. The remaining encroachment was based on an assignment granted in 1969, requiring cancellation of the illegal assignment before removal. The court directed the Tahsildar to initiate appropriate actions to cancel the assignment and remove the encroachment, and closed the contempt petition as other encroachments had been removed. (Paras 1-2)
Issue of Consideration
Whether the respondents have willfully disobeyed the order dated 06.06.2025 in W.P.No.20271 of 2025 by failing to remove all encroachments from the subject water body.
Final Decision
The contempt petition is closed as all encroachments except one have been removed. The Tahsildar is directed to initiate appropriate actions to cancel the illegal assignment granted in 1969 and remove the remaining encroachment to protect the water body in public interest.
Law Points
- Contempt of Courts Act
- 1971
- Section 11
- Willful disobedience
- Status report
- Removal of encroachments
- Water body protection
- Public interest
Case Details
2026 LawText (MAD) (03) 20
S.M. Subramaniam, K. Surender
Mr. A.Logesh (for petitioner), Mr. A.Selvendran (Special Government Pleader for contemnors)
Mrs. Brindha Devi, I.A.S., Tamilmani, R. Balaji, Surendar
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Nature of Litigation
Contempt petition for willful disobedience of court order directing removal of encroachments from a water body.
Remedy Sought
Petitioner sought punishment of respondents for willful disobedience of the order dated 06.06.2025 in W.P.No.20271 of 2025.
Filing Reason
Alleged failure of respondents to remove all encroachments from the subject water body as directed by the court.
Previous Decisions
Order dated 06.06.2025 in W.P.No.20271 of 2025 directing removal of encroachments.
Issues
Whether the respondents have willfully disobeyed the court order by not removing all encroachments from the water body.
Submissions/Arguments
Petitioner argued that respondents failed to comply with the court order.
Respondents, through status report, stated that all encroachments except one had been removed; the remaining encroachment was based on a 1969 assignment requiring cancellation.
Ratio Decidendi
In contempt proceedings, if substantial compliance with the court order is shown and only a minor issue remains requiring further administrative action, the contempt petition may be closed with directions for future compliance.
Judgment Excerpts
The Tahsildar, Attur, has filed a Status Report, which indicates that all encroachments in the subject water body had been removed except one encroachment.
In respect of the said encroachment, as assignment was granted in the year 1969. Therefore, appropriate actions are to be initiated to cancel the illegal assignment, if any, granted in favour of any person, and thereafter such encroachment is to be removed.
The Tahsildar is directed to initiate all appropriate actions to ensure that all the encroachers in the water body are to be removed and the water resources are protected in the interest of the public.
Procedural History
The petitioner filed W.P.No.20271 of 2025 seeking removal of encroachments from a water body. The court passed an order on 06.06.2025 directing removal. Alleging non-compliance, the petitioner filed the present contempt petition (CONT P No. 3648 of 2025). The Tahsildar filed a status report on 26-03-2026 showing substantial compliance. The court closed the contempt petition with directions for the remaining encroachment.
Acts & Sections
- Contempt of Courts Act, 1971: Section 11
