Madras High CourtCONT P/215/2017closed

K.Marimuthu v. Saravana Velraj

2018-07-13Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2018 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice M.DHANDAPANI Cont. Petition No.215 of 2017 K.Marimuthu ..

Petitioner vs.

Saravana Velraj, The District Collector, Collectorate, Ariyalur, Ariyalur District.

Respondent Petition filed under Section 11 of Contempt of Courts Act to punish the respondent for the violation and noncompliance of the order of this Court in W.P.No.8891 of 2014 dated 26.03.2014.

For Petitioner ..

Mr.K.Ramesh For Respondent ..

Ms.P.Rajalakshmi, Addl. Govt. Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Alleging that the order dated 26.03.2014 made in W.P.No.8891 of 2014 has not been complied with, the present contempt petition has been filed.

2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

3.In the affidavit filed by the respondent, in paragraph 8, it has been stated as follows:

"8.It is respectfully submitted that based on the report submitted by the Tahsildar, Sendurai vide Na.Ka.No.A1/1998/2013 dated 22.07.2014 the District Collector, Ariyalur District passed final orders on the orders passed by this Hon'ble High Court dated 26.03.2014 vide Na.Ka.No.Ma1/4754/14 dated 25.07.2014 stating that the encroachment have been removed in the presence of village public on 22.07.2014 other than the patta land mentioned by the Tahsidlar, Sendurai belongs to 7 persons (respondents in this writ petition) and the encroachment by erecting fence by one Tr.Mayavan was also removed as he has not got patta. The said final order was also communicated to the petitioner on 25.07.2014 and the same was also received and acknowledged by the petitioner on 27.07.2014. Further it is pertinent to note that the order has been complied with on 22.07.2014 and after receiving the said order, the petitioner filed contempt petition in the year 2017. Hence the contempt petition filed by the petitioner is not maintainable."

4.In view of the above, the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) MMI //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.

PS/24/08/2018 To The District Collector, Collectorate, Ariyalur, Ariyalur District.