Chinnathambi v. K.Maharabhushanam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M.M. SUNDRESH Contempt Petition No.3050 of 2014 Chinnathambi Petitioner vs.

K. Maharabhushanam District Collector Salem District Salem 636 001 V. Thenmozhi Tahsildar Athur Taluk Salem District N. Pavayee Block Development Officer Pethanaickenpalayam Salem District Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, seeking to punish the respondents for wilful disobedience of the order dated 11.11.2013 passed in W.P. No.25304 of 2013.

For petitioner Mr. S. Ramesh - No appearance For respondents Mr. P.S. Sivashanmugasundaram Special Government Pleader - - - - -

ORDER

(Order of the Court was made SATISH K. AGNIHOTRI, J.) This Contempt Petition is filed on the ground that the order dated 11.11.2013 passed by this Court in W.P. No.25304 of 2013 has not been complied with by the respondents. None appears for the petitioner nor is any representation made on his behalf. However, pursuant to the notice ordered by this Court on 23.01.2015, the third respondent has filed an affidavit dated 30.01.2015 stating as under: "4.

It is humbly submitted that the third respondent herein issued notice for removal on 28.11.2014 and final notice on 27.01.2015. The land in encroachment in S.No.161/1, 159/1, 155/4, 300/4 which are classified as Government Salai Poramboke land. Hence, the above notice was issued under the Tamil Nadu Encroachment Act, 1905. The above lands comes under the jurisdiction of the third respondent herein."

Thereafter, in the course of hearing, a communication of the third respondent dated 05.02.2015 addressed to the learned Special Government Pleader, has been produced before this Court, wherein, it is indicated that after proper notice, the alleged encroachment has been removed on 05.02.2015.

As a sequel, nothing survives for adjudication in this Contempt Petition. Accordingly, this Contempt Petition is closed.

cad 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/07/05/2015 One CC to Government Pleader, SR.4732 To K. Maharabhushanam District Collector Salem District Salem 636 001 V. Thenmozhi Tahsildar Athur Taluk Salem District N. Pavayee Block Development Officer Pethanaickenpalayam Salem District