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Madras High CourtCONT P/1030/2020closed

R.Lalitha v. Mageswariravikumar I.A.S

2021-11-29Honourable Mr Justice V.Sivagnanam,Honourable Mr Justice K. Kalyanasundaram4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Contempt Petition No.1030 of 2020 in Writ Petition No.10837 of 2016 R.Lalitha, 10, Vetri Vinayagar Koil Street, Velappadi, Vellore 632 001 ... Petitioner Vs.

1.Maheswari Ravikumar, I.A.S., The District Collector, Tiruvallur District, Tiruvallur - 602 001.

2.C.Vithya The Revenue Divisional Officer/Sub Collector, Tiruvallur District, Tiruvallur - 602 001.

3.M.Pandiyarajan The Tahsildar, Tiruvallur District, Tiruvallur - 602 001.

... Respondents PRAYER: This Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondents for their act of contempt of Court 1/4

for deliberately disobeyed the order passed in W.P.No.10837 of 2016 dated 23.03.2016 by this Court.

For Petitioner : Mr.K.Balaji For Respondents : Mr.L.S.M.Hasan Fizal Addl. Govt. Pleader ****

O R D E R

[Order of the Court was delivered by K.KALYANASUNDARAM, J] This Court in W.P.No.10837 of 2016 while disposing of the writ petition, has made the following observations:- "4.The learned Special Government Pleader appearing for the official respondents submits that pursuant to the aforestated communication, if no action has been taken to remove the encroachment, spot inspection will be made within a period of two weeks and after giving notice to the alleged encroachers, appropriate steps for removal of the encroachment shall be taken within a period of four weeks. 5.In view of the above submission of the learned Special Government Pleader, it is ordered accordingly. The official respondents are directed to submit a compliance report after six weeks. Post the matter on 02 June 2016 for reporting compliance. "

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2. It is the submission of the learned counsel for the petitioner that as per the direction issued in the earlier writ petition, encroachment has not been removed.

3.The third respondent/Tahsidar, Thiruvallur has filed a counter as well as status report along with sketch. In the counter, it has been clearly stated that there is no encroachment in the "tz;og;ghij" poramboke in S.No.884/12, which is formed on the northern side of the petitioner's property, however, the encroachments have been found in the patta land of the petitioner. It is also stated that the petitioner is having access from the main road to this property.

4.In the light of the above, we are of the considered opinion that there is no willful disobedience of the order passed by this Court in the writ petition. Hence, this Contempt Petition is closed. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) skn //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/09/02/2022 3/4

To

1. The District Collector, Tiruvallur District, Tiruvallur - 602 001.

2. The Revenue Divisional Officer/Sub Collector, Tiruvallur District, Tiruvallur - 602 001.

3. The Tahsildar, Tiruvallur District, Tiruvallur - 602 001.

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