Madras High CourtCONT P/824/2015dismissed

K.Madhavan v. Dr.Girija Vaidyanathan

2015-07-10Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.07.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.824/2015 & Sub.Apln.No.171/2015 1.K.Madhavan 2.Sariga 3.K.M.Hari 4.K.Mukundan 5.Narayanan 6.Vikraman ..

Petitioners

Versus

1. Dr.Girija Vaidyanathan Principal Secretary & Commissioner of Land Administration, Chepauk, Chennai 600 005.

2. Shri K.V.Veeraraghava Rao District Collector, Thiruvallur District Thiruvallur.

3. Shri M.Narayanan Revenue Divisional Officer Ponneri Taluk, Thiruvallur District.

4. Shri C.Ravichandran President of Siru Vivasayigal Podunala Sangam, 12, Pondhavakkam Village Pallavada Post, Gummidipoondi Taluk Tiruvallur District 601 202.

Respondents Contempt petition filed under section 11 of the Contempt of Courts Act to punish the respondents 1 to 4 herein for their wilful disobedience of the order of this Court dated 11.02.2015 made in MP.No.1/2011 in WP.No.7900/2011.

For Petitioners:

Mr.D.Rajagopal For RR 1 to 3 :

Mr.R.Vijayakumar, AGP For R4 :

Mr.G.Justin

ORDER

The above contempt petition has been filed by the petitioners for willful disobedience of the order and direction passed by this Court in MP.NO.1/2011 in in WP.No.7900/2011 dated 11.02.2015 by the respondents herein. 2.After hearing the learned counsel for the parties and perusing the materials placed on record, it is shown that the petitioners themselves have cut down the trees. In my view, after having obtained an order of Status Quo, the petitioners ought to have maintained status quo which was prevailing on the date of the order, i.e., 11.02.2015 and there is absolutely no justification on the part of the petitioners to effect any felling of trees. Therefore, if at all the persons to be punished is the petitioners themselves. No ground has been made out for initiating contempt against the respondents.

3.Accordingly the contempt petition is dismissed. Consequently, the sub-application petition is also dismissed.

AP 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.

Ss/co/21/07/2015 One CC to Government Pleader, SR.8893 Two CCs to MR. D. Rajagopal SR. 8797 One CC to Mr.G. Justin SR.8902 To

1. Dr.Girija Vaidyanathan Principal Secretary & Commissioner of Land Administration, Chepauk, Chennai 600 005.

2. Shri K.V.Veeraraghava Rao District Collector, Thiruvallur District Thiruvallur.

3. Shri M.Narayanan Revenue Divisional Officer Ponneri Taluk, Thiruvallur District.

4. Shri C.Ravichandran President of Siru Vivasayigal Podunala Sangam, 12, Pondhavakkam Village Pallavada Post, Gummidipoondi Taluk Tiruvallur District 601 202.