G.Mallesh v. Balasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.03.2021

CORAM:

THE HONOURABLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI G.Mallesh, Chinthalthotti, Berikkai Post, Hosur Taluk, Krishnagiri District ... Petitioner Vs.

Thiru.Balasundaram, The Tahsildar, Thenkanikottai Taluk, Thenkanikottai, Krishnagiri District.

... Respondent Contempt Petition filed under Section 11 of Contempt of Courts Act to punish the respondent for willful disobedience of the order of this Court in W.P.No.19386 of 2019 dated 12.07.2019.

For Petitioner : Mr.R.Rajadurai For Respondent : Mr.M.Elumalai, Additional Government Pleader

O R D E R

(Order of the Court made by M.DURAISWAMY, J.) By order dated 12.07.2019, the Division Bench of this Court, without going into the merits of the matter, directed the 3rd respondent, the Tahsildar, Page 1 / 3

Thenkanikottai Taluk, Krishnagiri District to consider the representation dated 08.03.2019 and dispose it of, after giving notice to the 4th respondent within a period of eight weeks. Since the 3rd respondent has not considered the Writ Petitioner's representation, he has filed the above Contempt Petition to punish the 3rd respondent for the disobedience of the order dated 12.07.2019.

2.When the Contempt Petition is taken up for hearing, Mr.M.Elumalai, learned Additional Government Pleader appearing for the respondent (3rd respondent in the Writ Petition) submitted that the 3rd respondent had already issued notice under Section 7 of the Tamil Nadu Land Encroachment Act on 27.09.2019 and thereafter, a notice under Section 6 was also issued on 05.11.2019. The learned Additional Government Pleader further submitted that subsequently, the encroacher, who is the 4th respondent in the Writ Petition, filed a Writ Petition in W.P.No.35611 of 2019 challenging the eviction proceedings initiated under Sections 7 & 6 of the Tamil Nadu Land Encroachment Act and the Hon'ble Division Bench of this Court granted an order of status-quo on 03.01.2020. The respondent has also filed a status report narrating the entire facts. 3.On a perusal of the same, it is clear that the respondent has considered the petitioner's representation and proceeded to issue notices Page 2 / 3

under Sections 7 & 6 of the Tamil Nadu Land Encroachment Act, which is under challenge in W.P.No.35611 of 2019.

4.Since the respondent had complied with the orders of this Court, we do not find any reason to keep the Contempt Petition pending. Accordingly, the Contempt Petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) va //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/15/06/2021 To The Tahsildar, Thenkanikottai Taluk, Thenkanikottai, Krishnagiri District.

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