S. Jacob v. Debaneen

In the High Court of Judicature at Madras Dated: 03.02.2020 Coram:

The Hon'ble Mr.Justice M.M.SUNDRESH and The Hon'ble Mr.Justice M.SUNDAR S.Jacob ..

Petitioner Vs.

Debaneen, The Tahsildar, Taluk Office, Alandur @ Nanganallur, Chennai-600 061.

..

Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for his wilful disobedience and not implementing the direction with letter and spirit of the order of this Court dated 03.01.2017 made in W.P.No.4022 of 2015. For Petitioner :

Mr.S.Vadivel For Respondent :

Mr.M.Elumalai Government Advocate

O R D E R

(Order of the Court was made by M.M.SUNDRESH.J,) This Contempt Petition has been filed inter-alia in notwithstanding the direction issued to the contemnor as no further action has been taken towards the removal of the encroachers.

2. The learned Government Advocate appearing on behalf of the respondent submitted that after due inspection, it came to light that after bifurcation, the alleged encroachments comes under Pallavaram Municipality/seventh respondent in the Writ Petition, who is the competent authority to comply with the direction of this Court dated 03.01.2017 and intimation was given to the seventh respondent in the Writ Petition. He further submitted that there is no non compliance on the part of the contemnor.

3. In view of the submissions made by the learned Government Advocate, We are of the view that there is no wilful disobedience on the part of the respondent herein. Accordingly, the Contempt Petition stands closed. The petitioner is at liberty to work out his remedy against the seventh respondent/Pallavaram Municipality (in the Writ Petition), seeking appropriate direction against the encroachers. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) dp //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/10.03.2020

To 1.The Tahsildar, Taluk Office, Alandur @ Nanganallur, Chennai-600 061.

2. The Commissioner of Municipality, Pallavaram Municipality @ Chrompet, Chennai 600 044.