R.Ganesan v. Mr.Kandasamy I.A.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2019

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Mr. JUSTICE M.SUNDAR Cont.P.No.1404 of 2018 R.Ganesan ..

Petitioner Vs.

1.Kandasamy, I.A.S., The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.Ravi, The Tahsildar, Thiruvannamalai Taluk, Thiruvannamalai.

3.Rajasekar, The Executive Engineer, Public Works Department (PWD), Chengam Road, Thiruvannamalai - 605 601.

..

Respondents Petition filed under Section 11 of Contempt of Courts Act to punish the respondents for their act of contempt of Court for deliberately disobeyed the order dated 11.09.2017 in W.P.No.23812 of 2017.

For Petitioner ..

Mr.K.Balaji For Respondents ..

Mr.M.Elumalai, Govt. Advocate

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Alleging that the order dated 11.09.2017 passed by this Court in W.P.No.23812 of 2017 has not been complied with, the present contempt petition has been filed. 2.When the matter is taken up for hearing, learned Government Advocate produced a copy of the proceedings of the Tahsidlar, Thiruvannamalai dated 16.10.2018 to the effect that encroachments have been removed and the said factum is disputed by the petitioner.

3.We are not inclined to conduct a roving enquiry in this regard. If encroachment is not fully removed, the remedy of the petitioner is to file a separate writ petition pointing out the alleged encroachment made, by specifying the names of the persons.

4.In such view of the matter, the contempt petition stands closed, giving liberty to the petitioner to file a separate writ petition.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mmi //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/14/02/2019