Madras High Court slaps fines on officers for not removing encroachments

The State submitted that the contemnor, CMDA Member Secretary, has nothing to do with the order because he is not the competent authority to take action against the encroachments.
Madras High Court (MHC)
Madras High Court (MHC)
Updated on: 

CHENNAI: The Madras High Court has imposed a fine of Rs 2,000 each on the Block Development Officer of Tambaram Taluk and the Tahsildars of Tambaram and Virudhachalam in separate contempt of court proceedings for non-compliance with its earlier orders.

A contempt petition was filed by C Sathish against the Member Secretary of the Chennai Metropolitan Development Authority (CMDA), the District Collector of Chengalpattu, the Block Development Officer of Tambaram, and the Tahsildar of Tambaram for their alleged wilful disobedience of the Court's 8 July 2025 order directing the removal of encroachments in Kovilancheri Village, Tambaram Taluk, within 12 weeks.

A Division Bench comprising Justices P Velmurugan and M Jothiraman heard the matter. The State submitted that the contemnor, CMDA Member Secretary, has nothing to do with the order because he is not the competent authority to take action against the encroachments.

However, the Bench observed that as the order has not been challenged either by way of filing an appeal or by seeking a review, the contemnors cannot simply wash their hands of the matter by stating that they have nothing to do with the order.

When officers are public servants receiving monthly emoluments from taxpayers' money, they cannot simply shirk their responsibility in matters of such importance, as they are accountable, more so when they were parties to the writ proceedings.

While discharging the CMDA Member Secretary and the Chengalpattu District Collector from the proceedings, the Court imposed a fine of Rs 2,000 each on the Tambaram Block Development Officer and the Tahsildar. The officials were directed to remit the fine within four weeks to the Tamil Nadu State Legal Services Authority.

The Court further cautioned that if any direction or order is passed against any officer to comply within a stipulated time, the officer concerned, aggrieved by the order, has to challenge the same by filing an appeal or seeking a review, instead of being mum until the filing of the contempt petition, and accordingly closed the contempt petition.

In a similar contempt case filed by R Selvam over failure to implement orders directing removal of encroachments in Virudhachalam, Cuddalore district, the Court also imposed a fine of Rs 2,000 on the Tahsildar of Virudhachalam.

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