Madras High CourtCONT P/1618/2016closed

Mr.Vijayakumar G Dhas, v. E.Sundarvalli Ias

2016-08-23Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Contempt Petition No.1618 of 2016 Mr.Vijayakumar G.Dhas ..

Petitioner -vs1. E.Sundaravalli, I.A.S., The District Collector Thiruvallur District Thiruvallur

2. B.V.Surendra Sha, M.A.

The Commissioner Poonamallee Municipality Poonamallee Chennai 600 056

3. Tmt.Padmaja The Thasildhar Poonamallee Taluk Thiruvallur District ..

Respondents Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for wilful disobedience of the order of this Court dated 16.07.2015 made in W.P.No.21357 of 2015.

For Petitioner :: Mr.P.Sesubalan Raja For Respondents:: Mr.P.S.Sivashanmugasundaram Special Government Pleader for R1 & R3 Mr.P.Srinivas for R2

ORDER

(Order of the Court was delivered by HULUVADI G.RAMESH, J.) Heard the learned Special Government Pleader for the State and also the learned counsel representing the Municipality. The third respondent/Tahsildar, who is present in Court, has submitted that there is substantial compliance of the order of this Court. In fact, in paragraph-5 of the affidavit filed by the third respondent, it is stated thus:- "5. I further submit that on 17.08.2016 at 10.00 AM along with the 2nd respondent and subordinate officers of the Poonamallee Taluk removed the Encroachment made in the Queen Victoria Road and cleared the pathway for ingress and egress of the public was made and this 3rd respondent has been acted according to the direction given by this Hon'ble Court."

However, according to the learned counsel for the petitioner, in paragraphs-8 & 9 of the affidavit filed by the second respondent, contrary stand is taken. However, the learned counsel representing the second respondent/Municipality has submitted that there is substantial compliance of the order of this Court.

2. In view of the substantial compliance of the order of this Court, we close this contempt petition. Ss SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

CO/02/09/2016 One CC to Government Pleader, SR.10765/2016 One CC to Mr.P.Sesubalan Raja, Advocate, SR.10658/2016