P.S. Moorthy, v. Mrs. S. Kavitha,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.08.2021

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH and THE HON'BLE MR. JUSTICEN.SESHASAYEE P.S.Moorthy, No.33, E.C.M.Layout, S.K.C.Road, Erode .. Petitioner Vs.

1.S.Kavitha, B.Sc., (Agri)M.B.A., Authorized Officer/District Revenue Officer, National Highway-47, Collectorate, Erode.

2.T.V.Sivaji, Project Director and Manager, (Tech), National Highways Authority of India, Widening Highways Scheme, N.S.212-D31, Sri Nagar Colony, Narasothipatti, Salem.

3.Senthil Raj, Tahsildar, Perundurai Taluk, Perundurai, Erode District.

Now working as Special Tahsildar, Nagar Nilavari Thittam Alavu-1, Javans Bhavan Buildings, Near Manickam Theater, Erode-1.

...Respondents

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Contempt Petition is filed under Section 11 of the Contempt of Courts Act 1971 to punish the respondents for their willful disobedience and noncompliance of the order of this Court in W.P.No.26466 of 2017 dated 10.10.2017.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.L.S.M.Hassan Fizal, Government Advocate

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) When the contempt petition is taken up for hearing, the learned Government Advocate appearing for the respondents submitted that the encroachments have been removed by the respondents on 27.02.2018 and 28.02.2018. In support of his contention, compliance Report dated 18.06.2018 has also been filed.

2. We have also perused the compliance Report dated 18.06.2018, wherein the following statement has been made. "It is respectively submitted that the encroachments made by the 4th respondent of W.P.No.26466/2017 was already removed by the respondents on 27.02.2018 and 28.02.2018 in the presence of the 1st respondent along with 2nd and 3rd respondents. The following items were removed from the Page No.2 of 4

encroached portion.

1.Barbed wire fencing

2. 10Coconut Trees

3. 2 Lemon Trees

4. 3 Guava Trees For the foregoing reasons and legal submissions, I respectfully submitted that the encroachments were already removed as per the directions of the Hon'ble High Court. Hence, I pray this Hon'ble Court may be prged me of this contempt proceedings and dismiss the contempt petition and thus render justice."

3.We are satisfied with the compliance. Accordingly, the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) raa //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/17/09/2021 To 1.The Authorized Officer/District Revenue Officer, National Highway-47, Collectorate, Erode.

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2.The Project Director and Manager, (Tech), National Highways Authority of India, Widening Highways Scheme, N.S.212-D31, Sri Nagar Colony, Narasothipatti, Salem.

3.The Tahsildar, Perundurai Taluk, Perundurai, Erode District.

Now working as Special Tahsildar, Nagar Nilavari Thittam Alavu-1, Javans Bhavan Buildings, Near Manickam Theater, Erode-1.

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