M.Vadivel v. Anbuselvan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.08.2021 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice R. MAHADEVAN Cont P. No.306 of 2020 M.Vadivel, T.Neivasal Village, Thiruvattathurai Post, Thittakudi Taluk, Cuddalore District ... Petitioner -vs1.Anbuselvan The District Collector, Cuddalore District, Cuddalore.
2.Senthilvel, The Revenue Tahsildar, Office of the Tahsildar, Thittakudi Taluk, Cuddalore District.
... Respondents Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for wilfully disobeying the order dated 23.02.2017 made in W.P.No.4615 of 2017.
For Petitioner :
Mr.Anaimuthuraj for Mr.T.K.Ashok Kumar For Respondents :
Mr.L.S.M.Hassan Fizal Government Counsel
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] Alleging that the order dated 23.02.2017 made in W.P.No.4615 of 2017 has not been complied with, the present contempt petition has been filed.
2. Heard the learned counsel appearing for the parties.
3. In the affidavit filed by the first respondent, in paragraph nos.5 and 6, the following statement has been made:
5.It is submitted that the petitioner however preferred a Contempt Petition No.306/2020 before the Hon'ble High Court. The Contempt Petition came up for hearing on 04.03.2020. Therefore, the 2nd respondent Tahsildar, Thittakudi once again inspected the spot along with Zonal Deputy Tahsildar, Revenue Inspector, Tittagudi (East), Village Administrative Officer, Kodikalam village in the presence of the village people. During the inspection, it was found that there were no encroachments in the pathway. The petitioner when enquired orally requested to widen the pathway so that the same may be used by the vehicles also. Since the pattadars adjacent to the pathway objected for
the widening of the pathway and as per the village map, the above pathway is only 8 feet, the request of the petitioner was rejected vide the proceedings of the Tahsildar, Thittakudi Ref.A1/2361/2017 dated 13.03.2020.
6.It is humbly submitted before this Hon'ble Court that the orders in W.P.No.4615/2017 were received in this office on 20.03.2020 thereafter the Tahsildar, Thittakudi was directed to comply with the orders of the Hon'ble Court vide Letter No.V4/7122/2017 dated 23.03.2017. As such, the orders of the Hon'ble Court was complied and the same was intimated to the petitioner vide the reference of Tahsildar, Thittakudi No.A1/2364/2017 dated 09.06.2017. The subsequent proceedings of the Tahsildar, Thittakudi in Ref.No.A1/2364/2017 dated 13.03.2020 was made after the re-inpsection to check whether any fresh encroachments had been made so as to report to the Hon'ble Court in Contempt Petition No.306/2020. It is humbly submitted that the orders of the Hon'ble Court has been complied within the time granted by the Court. 4.From the above, it is seen that there was an inspection and upon making personal visit, it was found that there was no encroachment. The request made by the petitioner for widening of pathway was also rejected on 13.03.2020. The proceedings was also served on the petitioner.
5.In such view of the matter, we do not find any wilful disobedience of the order passed. Accordingly, the contempt petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) mmi/ssm //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/07/09/2021 To
1. The District Collector, Cuddalore District, Cuddalore.
2. The Revenue Tahsildar, Office of the Tahsildar, Thittakudi Taluk, Cuddalore District.