Mrs.Dhanammal v. Mr.Vetrivel
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated:18.08.2017 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU Contempt Petition No.2627 of 2016 Mrs.Dhanammal .. Petitioner Vs.
1.Mr.Vetrivel Tahsildar, Vikravandi Taluk, Vikravandi Villupuram District.
2.Sakthivel, S/o.Jayaraman Thirumangalam Village, Vikravandi Taluk, Villupuram District.
3.Rajavel, S/o.Jayaraman Thirumangalam Village, Vikravandi Taluk, Villupuram District.
.. Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the Respondents for their willful and flagrant violation of the order of this Court dated 09.06.2015 in W.P.No.16255 of 2015.
For Petitioner : Mr.C.Prabakaran For RR 1 : Mr.K.V.Dhanapalan Special Government Pleader
O R D E R
[Order of the Court was made by M.VENUGOPAL, J.] Heard the Learned Counsel for the Petitioner and the Learned Special Government Pleader for the 1st Respondent. 2.It is represented on behalf of the 1st Respondent that the order dated 09.06.2015 passed by this Court in W.P.No.16255 of 2015 has been complied with. It is also brought to the notice of this Court that on 14.01.2016, in the presence of Vikravandi Tahsildar, Junior Engineer, Water Resources Department, Irrigation Division, Valavanur, Kandamangalam Sub Inspector and Police Constables, Thirumangalam Village Administrative Officer and Village Assistant, the encroachments were removed. Since the Petitioner was called prior to removal of encroachment and in view of the fact that she had refused to come and she had sent her son and the said son had refused to sign in the statement etc.
3.At this stage, the Learned Special Government Pleader brings it to the notice of this Court that the encroachments were inspected in the aforestated village survey numbers and on either side of the said village survey numbers, the cultivation of sugar
cane and paddy were raised and also the land owners had given a statement that they would not again make encroachment. 4.Per contra, it is the submission of the Learned Counsel for the Petitioner that the encroachments were not fully removed and in Survey No.81 and the motor room, there were encroachments. 5.In view of the fact that on behalf of the 1st Respondent, it is represented before this Court that the encroachments were removed etc., this Court, taking note of the same, closes the Contempt Petition for the present, since nothing survives for adjudication. However, since the removal of encroachments in one portion of the property is disputed on behalf of the Petitioner, this Court grants liberty to the Petitioner to take appropriate action as she deems fit and proper, before the competent forum in accordance with Law for removal of the purported encroachments, if so desires/advised.
(M.V., J.) (P.D.A., J.) 18.08.2017 Speaking Order Index :Yes / No Internet :Yes / No Sgl
M.VENUGOPAL, J.
and P.D.AUDIKESAVALU, J.
Sgl To 1.Mr.Vetrivel Tahsildar, Vikravandi Taluk, Vikravandi Villupuram District.
2.Sakthivel, S/o.Jayaraman Thirumangalam Village, Vikravandi Taluk, Villupuram District.
3.Rajavel, S/o.Jayaraman Thirumangalam Village, Vikravandi Taluk, Villupuram District.
4.The Government Advocate, High Court, Madras.
Cont.P.No.2627 of 2016 18.08.2017