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Madras High CourtCONT P/1630/2016closed

P.Selvarajan, v. S.Suresh B.E.,

2016-08-02Honourable The Chief Justice,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH Cont.P. No.1630 of 2016 P.Selvarajan .. Petitioner -vs1.S.Suresh, B.E., Divisional Engineer, Construction and Maintenance, State Highways Division, Salem - 636 007.

2.A.Radhakrishnan, B.E., Assistant Divisional Engineer, Construction and Maintenance State Highways Division, Attur 636 102, Salem District.

3.R.Ravikumar Tahsildar, Attur Taluk, Attur, Salem District.

4.S.Namachivayam Deputy Superintendent of Police, Attur, Salem District.

5.N.Ramakrishnan, B.E., Commissioner, Attur Municipality, Attur.

.. Respondents Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for the willful disobedience of the orders of this Court passed in W.P.No.30000 of 2014 dated 20.01.2015.

For Petitioner :

Mr.V.Elangovan For Respondents :

Mr.T.N.Rajagopalan Spl.G.P.

* * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges violation of the direction to ensure there is no permanent or temporary encroachments on the State Highways.

2.Mr.T.N.Rajagopalan, learned Special Government Pleader, states that he has received instructions that at times carts are positioned there, but they are removed. Along with the petition, no material has been placed on record, i.e. photographs, etc., to show the violation. 3.We are, thus, not inclined to entertain the contempt petition. We may, however, state that even such temporary encroachments are not possible unless the authorities do not perform their duties and thus, continued action on such temporary encroachments should also be ensured. 4.Contempt Petition stands closed. No costs. 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.

DP/CO/12/08/2016 One CC to Government Pleader, SR.9385/2016 One CC to M/s.S.Doraisamy, Advocate, SR.9412/2016 sra

To

1. The Divisional Engineer, Construction and Maintenance, State Highways Division, Salem - 636 007.

2. The Assistant Divisional Engineer, Construction and Maintenance State Highways Division, Attur 636 102, Salem District.

3. The Tahsildar, Attur Taluk, Attur, Salem District.

4. The Deputy Superintendent of Police, Attur, Salem District.

5. The Commissioner, Attur Municipality, Attur.