Madras High Court
Civil Procedure and EvidenceProperty and Real Estate Law

Authorities must keep cleared waterbodies and roads free from re-encroachment.

M.Karthikeyan, vs Tmt. Amudha, I.A.S.,

Madras High CourtJUDGMENT: September 28, 20262 MIN READSOURCE JUDGMENT
Authorities must keep cleared waterbodies and roads free from re-encroachment.. M.Karthikeyan, vs Tmt. Amudha, I.A.S.,. Madras High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner filed a contempt petition under Section 11 of the Contempt of Courts Act, 1971, alleging non-compliance with the 9 March 2016 order in W.P. No. 8355 of 2014, which required the authorities to remove encroachments in Survey Nos. 959 and 1052, classified as road and waterbody, and prevent their recurrence

Source reference: p. 2, para. 1

After reports of re-encroachment and dismissal of an appeal under the Tamil Nadu Land Encroachment Act, 1905, the Court on 14 November 2025 directed a joint inspection and immediate removal of encroachments

Source reference: pp. 2–5, para. 2

The Tahsildar later filed an affidavit stating that the encroachments had been removed, supported by photographs

Source reference: p. 6, para. 3

The petitioner nevertheless alleged that the Corporation’s Zonal Officer had removed fencing and was facilitating renewed occupation

Source reference: p. 6, para. 4
02

Issues

Whether the respondents had wilfully disobeyed the Court’s directions concerning removal and prevention of encroachments on the subject land

Source reference: p. 2, para. 1; pp. 6–7, para. 5

Whether the contempt petition should remain pending in light of the reported removal of encroachments and the allegation that the fencing had been removed

Source reference: pp. 6–7, paras. 3–5
03

Law Applied

The petition invoked Section 11 of the Contempt of Courts Act, 1971, under which the Court considered the alleged disobedience of its prior orders.

Source reference: p. 2, para. 1

The operative directions in the 9 March 2016 order required removal of encroachments and prevention of re-encroachment; the 14 November 2025 order further required immediate removal, joint action by the revenue and Corporation authorities, and the Tahsildar’s cooperation

Source reference: pp. 2–5, paras. 1–2

The judgment did not cite any separate precedent or elaborate a general test for contempt; it determined the petition by assessing compliance with those directions.

Source reference: no citation
04

Reasoning

The Court accepted the Tahsildar’s compliance affidavit and photographs as showing that the encroachments had been removed, and therefore found that the earlier orders had been complied with in full

Source reference: p. 6, para. 3; p. 7, para. 5

Although the allegation that the Zonal Officer had removed the fence raised concern about possible re-encroachment, the Court did not treat it as a basis to continue the contempt proceedings.

Source reference: p. 7, para. 5

Instead, it directed the relevant officials to preserve the cleared and fenced condition of the land and, if necessary, enquire into the circumstances in which the fencing was removed

Source reference: p. 7, para. 5
05

Holding

The Court disposed of the contempt petition, declining to keep it pending because the encroachments had been removed and the directions complied with

It directed the District Revenue Officer, the Ambattur Tahsildar and the Corporation’s Divisional Engineer to ensure that the area remained fenced and free from encroachment, and to enquire, if necessary, into the alleged removal of the fencing.

Source reference: p. 7, para. 5

The Court warned that future official inaction resulting in re-encroachment could lead to adverse action against the responsible officials

Source reference: p. 7, para. 5
06

Acts & Sections Cited

2 provisions across 2 statutes referred to in this judgment. Each provision opens on LawLens.

Contempt of Courts Act, 19711

Tamil Nadu Land Encroachment Act, 19051

Madras High Court

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M.Karthikeyan,vsTmt. Amudha, I.A.S.,

Madras High Court · September 28, 2026

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