R.Srinath v. Thiru.Thiyagarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.03.2018 CORAM :

The Hon'ble MS.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR Contempt Petition No.2073 of 2017 R.Srinath .. Petitioner -vs1. Thiyagarajan, The Tahsildar, Taluk Office, Hosur, Krishnagiri District.

2. Rajini Devi, Village Administrative Officer, Kelavarapalli Panchayat, Hosur Taluk, Krishnagiri District.

.. Respondents Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for willful disobedience of the order passed by this Court in W.P.No.19352 of 2012, dated 05.12.2016.

For Petitioner :

No Appearance For Respondent :

Mr.T.N.Rajagopalan Government Pleader

O R D E R

(Order of the Court was made by M.Sundar, J.) No representation on behalf of the petitioner. We have heard the submissions of the learned Government Pleader.

2. This contempt petition has been filed by the writ petitioner in W.P.No.19352 of 2012 alleging violation of an order dated 05.12.2016 made in the writ petition.

3. W.P.No.19352 of 2012 was filed alleging encroachment by the private respondents 4 and 5 in the writ petition on a cart track said to have been comprised in Survey Nos.3 and 4, Kallipuram Village, Hosur Taluk.

4. Vide an order dated 05.12.2016, a Division Bench of this Court disposed of the writ petition directing the official respondents i.e., the jurisdictional Tahsildar and the Village Administrative Officer to cause an inspection of the area concerned and take action in accordance with law, if encroachment is found and conclude the proceedings within a time frame.

5. This contempt petition has been filed alleging inaction on the part of the aforesaid official respondents, which according to the writ petitioner is a violation of the directions given by this Court in the writ petition.

6. When the contempt petition was taken up, learned Government Pleader submitted that the aforesaid official respondents have inspected the aforesaid lands and found

that the cart track is situate in a private patta land.

7. It is also brought to our notice that the inspection was conducted in the presence of the writ petitioner as well as the private respondents 4 and 5 in the writ petition.

8. Post inspection, in the presence of the official respondents, we are informed that the writ petitioner and the private respondents 4 and 5 agreed to have disputes, if any, in future to be settled in a Civil Court, as the cart track in question is situate in private land. Photocopies of the relevant extracts from the office File have also been placed before us for our perusal.

9. In the aforesaid circumstances, there is no reason for us to believe that our directions vide the order dated 05.12.2016 in W.P.No.19352 of 2012 have not been carried out.

10. There is no ground for entertaining this contempt petition.

11. The contempt petition is not entertained/closed. SD/- ASSISTANT REGISTRAR(O.S.I) bbr //Certified to be true copy// Dated at Madras this the day of 2018.

COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

CO/10/04/2018 one cc to the Government Pleader,SR.No.3965.