D.Elaiyaperumal v. Dr.Jayachandra Banu Reddy,Ias., And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.08.2023

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE S.SOUNTHAR Contempt Petition No.442 of 2023 D.Elayaperumal ...

Petitioner ...Vs...

1. Dr.Jayachandra Banu Reddy, I.A.S.

The District Collector Krishnagiri District Pincode-635001.

2. Mrs.S.Rajeswari, The District Revenue Officer Krishnagiri District, Pincode-635001

3. Mr.Govindaraj The Tahsildar, Uthangarai Taluk, Krishnagiri District-635207.

4. Mr.Loganathan The Village Administrative Officer, Kizhmathur Village, Andiyur Post, Uthangarai Taluk, Krishnagiri District-635307 ....

Respondents 1/4

Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Respondents for the act of Contempt of Court for deliberately disobeying the order dated 29.03.2022 in W.P.No.7189 of 2022. For Petitioner :

Mr.R.Sathish Kumar For Respondents :

Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran, Special Government Pleader ***

O R D E R

This contempt petition is filed alleging non compliance of the order passed by this Court on 29.03.2023 in W.P.No.7189 of 2022.

2. Today, when this matter was taken up for hearing, Mr.A.Selvendran, learned Special Government Pleader appearing for the Respondents submitted that pursuant to the orders passed by this Court on 29.03.2023 in W.P.No.7189 of 2022, the 2nd Respondent issued a proceedings dated 20.07.2023 in Na.Ka.No.806/2022/A3 mentioning the Survey Nos.239/6, 239/7B, 248/1, 249/1 as 'Paathai' and he submitted that the encroachments in the aforesaid survey numbers will be removed and ensured that there will be no encroachment.

2/4

3. Though it is vehemently contended by the learned counsel for the Petitioner that authorities are trying to acquire the property in Survey No. 249/2, it is not the issue in the Writ Petition No.7189 of 2022, which is the subject matter of present contempt petition. The learned counsel for the Petitioner also brought to the attention of this Court that a Writ Petition in W.P.No.19724 of 2023 was filed by the Petitioner, seeking direction to the 3rd Respondent to conduct enquiry by issuing notice under Section 7 of Land Encroachment Act, 1905 in respect of Survey No.249/2, this Court passed an order on 05.07.2023 directing the petitioner to approach the Civil Court for removal of encroachment and therefore it is for the Petitioner to work out his remedy before the appropriate forum, in the manner known to law.

4. Recording the submission of the learned Special Government Pleader and also the proceedings of the second respondent dated 20.07.2023, this Contempt Petition stands closed. However, it is open to the petitioner to seek remedy before the appropriate forum, in the manner known to law. [S.V.N,J.,] [S.S,J.,] 24.08.2023 arr 3/4

S.VAIDYANATHAN, J.

AND S.SOUNTHAR, J.

arr Contempt Petition No.442 of 2023 24.08.2023 4/4