P.Dinesh v. A.R.Gladstone Pushparaj, Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2022

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN AND THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Contempt Petition No.1254 of 2021 in W.P.No.9817 of 2017 P.Dinesh, No.14, Townhall First Cross Street, Stuartpet, Arakkonam .. Petitioner/ Petitioner

Versus

1. Mr.A.R.Gladstone Pushparaj, I.A.S., District Collector, Ranipet District, Ranipet.

2. Mr.Aasirvadham, Commissioner, Arakkonam Municipality, Arakkonam.

.. Respondents/1st & 2nd Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act praying to punish the respondents for wilful disobedience of the order dated 03.01.2018 passed by this Court in W.P.No.9817 of 2017. For Petitioner : Mr.G.Jeremiah For R1 : Mrs.C.Meera Arumugam Additional Government Pleader For R2 : Mr.P.Balathandayutham Special Government Pleader 1/3

ORDER

(Order of the Court was made by R. MAHADEVAN, J.) This court, by order dated 03.01.2018, allowed the writ petition viz., WP.No.9817 of 2017 in the following terms:

"8.This Court, being bound by the aforesaid judgements, is inclined to allow the writ petition and the order dated 30.01.2017 is set aside. As the authorities concerned receive monthly salary, they are expected to work atleast for a few hours a day and hence they shall remove all the encroachers in and around the subject property within a period of one month from the date of receipt of copy of this order to avoid disciplinary action and major punishment that may be entered in their service records."

Since the said direction was not complied with within the time frame stipulated by this court, the petitioner has come up with this contempt petition. 2.When the Contempt Petition was taken up for consideration, the learned Special Government Pleader appearing for the second respondent produced a compliance affidavit filed by the second respondent, wherein, it is inter alia stated as follows:

"I submit that on 03.10.2020 we have removed part of the encroached building and filed report dated before this Hon'ble court, thereafter due to the flood caused by the Southeast monsoon, the Assembly election and subsequently local body election and other reasons we could not remove the remaining portion of encroachment 2/3

at the time.

I submit that on 12.03.2022 along with the officials after getting police aid from Deputy Superintendent of police Arakkonam visited the premises at 10.00a.m and we have demolished the encroached on 16.03.2022 and finished the demolition work in the presence of Revenue District officer, Deputy Superintendent of Police, Thasildar, Fire station officials, Health department officials, Police officials and Municipal officials and workers." Placing reliance on the same, the learned Special Government Pleader submitted that the order of this Court dated 03.01.2018 has been complied with.

3. The said submission made on the side of the second respondent has been agreed upon by the learned counsel for the petitioner. 4.Recording the above, the contempt petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) av //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

To

1. The District Collector, Ranipet District, Ranipet.

2. The Commissioner, Arakkonam Municipality, Arakkonam.

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