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Madras High CourtCONT P/2452/2015closed

N.Shanmugam v. V.Veerappan

2015-11-19Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2015

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE M.M.SUNDRESH Contempt Petition No.2452 of 2015 N.Shanmugam ... Petitioner Vs V.Veerappan, The Revenue Divisional & District Magistrate, Ambattur Division, Ambattur.

... Respondent Contempt Petition filed under Sections 11 and 12 of the Contempt of Courts, Act, 1971 punish the respondents for the wilful disobedience of the order passed by this Court in W.P.No.6299 of 2015, dated 09.03.2015. For Petitioner .. Mr.N.A.Nissar Ahmed For Respondent .. Mr.STS.Moorthy Government Pleader assisted by Mr.V.Shanmugasundaram Government Advocate * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The learned Government Pleader appearing for the respondent states that three encroachments were found on the land and after issuing notices, an order was passed under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The aggrieved parties are stated to have taken https://hcservices.ecourts.gov.in/hcservices/ recourse to the appellate remedy before the Commissioner of

Land Administration and the appeals are pending. It is assured that those appeals would be decided expeditiously, not later than three months from today.

2. We put to the learned Government Pleader that the present proceedings could have been avoided if they had intimated the parties about the action taken. Despite our repeated directions, there is never any intimation sent, which results in filing of unnecessary Contempt Petitions. Now the learned Government Pleader states that they will communicate the order passed to the petitioner.

3. It should be ensured that in future, such a situation does not arise, otherwise we will have no option but to direct the payment of costs in all such matters, to be recovered from the officers concerned. Necessary Circular be issued in this regard.

4. The Contempt Petition stands closed.

Bbr SD/- DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

Kmv/aso/11/12/2015 One CC to N.A.Nissar Ahmed, Advocate, Sr.No.14296 One CC to Govt Pleader in Sr.14378 To The Revenue Divisional and District Magistrate Ambattur Division, Ambattur.

https://hcservices.ecourts.gov.in/hcservices/