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Madras High CourtCONT P/914/2015dismissed

V.Sankaran v. Palanisamy

2015-04-30Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2015

CORAM

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M.VENUGOPAL Cont. P.No.914 of 2015 V.Sankaran ..

Petitioner Vs.

1.Palanisamy, The District Collector, Nagapattinam, Nagapattinam District.

2.Shanthi, The Tahsildar, Vedaranyam, Vedaranyam Taluk, Nagapattinam District.

..

Respondents Contempt Petition filed under Section 11 of the Contempt of Court Act to punish the respondents herein for their wilful and intentional disobedience for the noncompliance of the order of this Court dated 25.09.2014 made in W.P.No.26445 of 2014.

For Petitioner .. Mr.K.Venkatramani, Sr. Counsel for Mr.V.Kasinatha Bharathi For Respondents.. Mr.P.S.Sivashanmughasundaram, Spl. Govt. Pleader

ORDER

(Order of the Court was made by SATISH K.AGNIHOTRI, J.) The instant contempt petition is filed, seeking https://hcservices.ecourts.gov.in/hcservices/ compliance of the order dated 25.09.2014 made in

W.P.No.26445 of 2014, whereunder, a Division Bench of this Court passed the following order:

"5.The learned Additional Government Pleader appearing for the respondents submits that in the light of the submission/undertaking given by the petitioner that he will not claim patta, the second respondent will follow the due process of law, while evicting the petitioner. The said submission is recorded."

2.The case of the petitioner is that the authorities have not followed any procedure as required, before they directed eviction of the petitioner. The observation of the Court is that before eviction, due process of law has to be followed. If there is no eviction, it cannot be complained that due process of law has not been followed. Thus, no case is made out for contempt. Accordingly, this contempt petition is dismissed.

mmi SD/ DEPUTY REGISTRAR(OS) //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/18/05/2015 One CC to Government Pleader, SR.6589 https://hcservices.ecourts.gov.in/hcservices/