T.Mayavel v. Gajendhran I.A.S,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Contempt Petition No.1094 of 2021 T.Mayavel, Ayan Thathanur, Sendurai Taluk, Ariyalur District .. Petitioner Vs Gajendhran, I.A.S.

Joint Commissioner Hindu Religious and Charitable Endowments Trust Villupuram District.

.. Respondent Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for wilful disobedience and violation of the order dated 15.3.2021 passed in W.P.No.6533 of 2021. For the Petitioner : Mr.R.Ragavendran For the Respondent : Mr.C.Harsha Raj Counsel for the State

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) The grievance of the petitioner is that the order dated March 15, 2021 passed on W.P.No.6533 of 2021 has not been complied with.

2. The relevant order required the fourth respondent to the writ petition to consider a representation of September 15, 2020 and dispose of the same by a speaking order. The earlier part of the order had also required appropriate action to be taken to remove any encroachment.

3. There is no dispute that action has been taken. However, the petitioner says that all the encroachers have not been removed.

4. It is submitted on behalf of the State by Mr.Harsha Raj, learned advocate, that of the 31 encroachers, 30 of them have been removed and the lone encroacher has instituted proceedings elsewhere in this court and the interim order subsisting in the relevant petition has prevented further action being taken.

5. In such view of the matter and since the order appears to have been substantially complied with, it will be open to the petitioner to pursue other remedies than proceeding in contempt.

6. Contempt Petition No.1094 of 2021 is dropped. There will be no order as to costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) bbr //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/23/11/2021 To The Joint Commissioner Hindu Religious and Charitable Endowments Trust Villupuram District.