The absence of necessary parties in a contempt action prevents the establishment of contempt against the respondents.

(Order of the Court was made by G.R.Swaminathan J.)

Heard both sides.

2.The petitioner herein filed W.P(MD)No.11826 of 2020 for removing the encroachment in the petition mentioned lands. This Court disposed of the said writ petition on 16.09.2020 in the following terms:

“4. Though the petitioner prays for larger relief, this Court, in the light of the above facts and circumstances and without going into merits of the claim projected by the petitioner either in his representation or in this Writ petition, directs the respondents 4 and 5, to cause joint inspection of the land in Survey Nos.160,161/1 and 161/3, Mayanur village, Karur District, to find out as to any encroachment/unauthorised removal of sand or earth and if any infraction/violation is revealed, they shall put the concerned persons including the private respondents, on notice and shall take immediate and appropriate action in accordance with law within a stipulated time frame by also adhering to the principles of natural justice. The respondents 4 and 5 are directed to complete the entire exercise within a period of 10 (Ten) weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the private respondents and other persons/encroachers concerned.”

Pursuant to the aforesaid direction, the revenue authorities conducted inspection and noticed that the petition mentioned lands have been reserved for railways. The jurisdictional Tahsildar has written a letter dated 14.10.2022 informing the railway authority about the encroachment found in their lands.

3.Unfortunately, the petitioner did not array the railway authority as one of the respondents in the writ petition. No direction has been issued against the railway authority. In fact, a mere look at the A- Register would show that these lands have been reserved for railways. The petitioner appears to have filed the writ petition even without verifying the revenue records. The respondents cannot be said to have committed any contempt. Copy of the letter sent by the Tahsildar to the railway authority has been served on the learned counsel appearing for the petitioner in our presence. Liberty is given to the petitioner to file a fresh writ petition on the same cause of action by impleading the railway authority.

4.This Contempt Petition stands closed.