P.G. Kumarasamy v. S.A. Raman, Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2018 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice R.MAHADEVAN Cont. Petition No.1641 of 2018 P.G.Kumarasamy ..

Petitioner vs.

1. S.A.Raman, I.A.S., District Collector, Vellore District, Vellore - 632 009.

2. Vijayakumar, The Thasildar, Walajapet Taluk, Walajapet, Vellore District - 632 513.

..

Respondents Petition filed under Section 11 of Contempt of Courts Act to punish the respondent 1 and 2 for disrespecting this Division Bench order dated 19.10.2016 passed in W.P.No.4831 of 2013 and 20.10.2016 passed in W.P.No.21030 of 2016. For Petitioner .. Mr.S.Venkatesh For Respondents .. Mr.R.Govindasamy, Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) We do not find any willful disobedience or non https://hcservices.ecourts.gov.in/hcservices/ compliance of the order passed by this Court on the part

of the respondents. According to the learned Special Government Pleader appearing for the respondents, encroachment was removed by following due procedure. However, subsequent encroachment was made thereafter, for which, notice has been issued. Law does not require fresh notice for a fresh encroachment after the earlier one was removed. The said action of the person in possession has to be termed as encroachment. The contemnor is directed to take appropriate action to remove the encroachment within a period of four weeks from the date of receipt of a copy of this order. After removing the encroachment, the encroached portion will have to be fenced in order to prevent further fresh encroachment.

Accordingly, the contempt petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) raa //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/25/01/2019 https://hcservices.ecourts.gov.in/hcservices/