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Madras High CourtCONT P/1583/2015disposed of

Smt.L.Kokila v. Ramesh

2021-07-29Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 29.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Smt.L.Kokila, Alayamman Koil Street, Vadapatti, Atthoor village, Atthoor(Post), Chengalpet Taluk, Kancheepuram District ... Petitioner -Vs1.Mr.Ramesh Tahsildar, Kancheepuram Taluk Kancheepuram District Kancheepuram.

2.Mrs.Stella Bai Block Development Officer Walajabad Union, Walajabad Walajabad, Kancheepuram Taluk Kancheepuram District.

3.Mr.Varadarajan Revenue Inspector Walajabad Firkha, Walajabad Kancheepuram Taluk Kancheepuram District.

4.Smt.Mani Mekalai President, Palayaseevarum Panchayat Kancheepuram Taluk, Kancheepuram District.

5.Mr.Kamakoti (A Block) Village Administrative Officer Palayaseevarum Panchayat Kancheepuram Taluk Kancheepuram District.

... Respondents Prayer : Contempt Petition under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for wilful disobedience of the orders dated 05.05.2010 and 03.08.2010 passed by this Hon'ble Court in M.P.No.1 of 2010 in W.P.No.10103 of 2010. For Petitioner :

Mr.Sathish for Mr.T.V.Krishna Kumar For Respondents :

Mr.Richardson Wilson, Government Counsel - for RR 1, 3 and 5 Mr.M.Elumalai, Standing Counsel - for RR 2 and 4

O R D E R

This contempt petition has been filed for the alleged disobedience of the orders of this Court dated 05.05.2010 and 03.08.2010 in M.P.No.1 of 2010 in W.P.No.10103 of 2010.

2. In the said order in the miscellaneous petition, an order of status quo had been passed and according to the petitioner, in violation of the order of status quo, some construction had been made.

3. In this context, the respondents filed a counter affidavit, wherein it is stated that, well before the order of status quo, the encroachment on the part of the petitioner had been removed and the construction activities had commenced. Therefore, the

question of initiating any contempt proceedings does not arise. That is the stand of the respondents.

4. Moreover, the main writ petition in W.P.No.10103 of 2010 also came to be decided today, where this Court rejected the said writ petition. Since the main writ petition itself has been rejected and in view of the stand taken by the respondents that, the encroachment on the part of the petitioner had been removed and the construction activities had commenced before the order passed, this Court feels that, no further action can be taken against the respondents in this contempt petition.

5. In that view of the matter, this contempt petition is liable to be closed and accordingly it is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kst //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/15/11/2021 To 1.The Tahsildar, Kancheepuram Taluk, Kancheepuram District Kancheepuram.

2.The Block Development Officer, Walajabad Union, Walajabad Walajabad, Kancheepuram Taluk, Kancheepuram District.

3.The Revenue Inspector, Walajabad Firkha, Walajabad Kancheepuram Taluk, Kancheepuram District.

4.The President, Palayaseevarum Panchayat Kancheepuram Taluk, Kancheepuram District.

5. The Village Administrative Officer, Palayaseevarum Panchayat Kancheepuram Taluk, Kancheepuram District.