Ponraj @ Ravichandran v. Thiru. S.Bhuvaneswaran @ Annamalai

2024:MHC:3180

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Ponraj @ Ravichandran ... Petitioner Vs.

Thiru. S.Bhuvaneswaran @ Annamalai, Commissioner, Mettur Municipality, Mettur Dam - 636 401, Salem District.

... Respondent Prayer: Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, 1971, pleased to punish the respondent for contempt of Court for disobedience of the order of this High Court dated 07.10.2021 made in W.P.No.3460 of 2020 on the file of this Court. For Petitioner : Mr.B.Sridhar For Respondent : Mr.L.P.Maurya Standing Counsel

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] The Commissioner, Mettur Municipality filed a status report, which reads as under;

"4. I respectfully submit that to evict the remaining 56 shops, a survey was undertaken by the Respondent and Notices were served under Section 128 of Tamil Nadu Local Bodies Act, (as amended 2022) 1998 on 19.06.2024 to remove the encroached portion which was in excess of the lease area allotted by the Municipality. I respectfully submit that out of the 56 remaining encroachers, 17 vendors whose bunk stall were in excess of the allotted lease area have voluntarily come forward and submitted written replies agreeing to remove the encroached area which was in excess of the lease area allotted. As a result, these 17 vendors have already removed the encroached area.

5. I respectfully submit that the remaining 39 encroachers were served with. I respectfully submit that out of 39 encroachers, 13 vendors removed the encroachments in the road margin

which were in excess of the lease area on 09.08.2024. I respectfully submit that the remaining 26 encroachments were removed by the Respondent on 09.08.2024.

6. I respectfully submit that a Notice under Section 128 of the Tamil Nadu Local Bodies Act, (as amended 2022) 1998 was served to the said Thangarajon 26.07.2024 who has encroached more than 10 x 9 to him and he agreed to remove the encroached portion and also gave a letter on 12.08.2024 stating that he will remove the encroachment and accordingly he has removed the encroached portion which was in excess of the lease area and submitted photographs to establish the same."

2. In view of the above version made in the status report, no further adjudication needs to be undertaken. Consequently, the Contempt Petition stands closed. No costs.

[S.M.S., J.] [V.S.G., J.] 13.08.2024 Jeni Index : Yes Speaking order / Non-speaking order

To The Commissioner, Mettur Municipality, Mettur Dam - 636 401, Salem District.

S.M.SUBRAMANIAM, J.

and V.SIVAGNANAM, J.

Jeni 13.08.2024