L.Balakrishnan v. Mr.Surendrasha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.10.2022

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE NONOURABLE MR.JUSTICE C.SARAVANAN Contempt Petition No.896 of 2020 L.Balakrishnan .. Petitioner Vs.

1.Mr.Surendrasha The Commissioner Mettur Municipality Mettur, Salem District 2.Mrs.R.Rukmani .. Respondents * * * Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for the willful disobedience of the order of this court made in W.P. No.20328 of 2018 dated 10.01.2020.

* * * For Petitioner : Mr.V.Elangovan For Respondents : Mr.L.P.Maurya, Standing Counsel for R1 Mr.A.Sundaravadanam for R2 Page 1/4

O R D E R

S.VAIDYANATHAN, J.

AND C.SARAVANAN, J.

This contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, to punish the first respondent, for the willful disobedience of the order of this court made in W.P. No.20328 of 2018 dated 10.01.2020.

2. When the matter is taken up for hearing, it is represented by the learned standing counsel appearing for the first respondent that the order of this court has been complied with. Learned counsel appearing for the second respondent/private party, who has got impleaded herself, would submit that the order of eviction has been passed without hearing the second respondent and she may be given the liberty to challenge the same.

3. Learned counsel appearing for the petitioner would submit that the notice of eviction has been issued to the private respondent, who has got impleaded and after hearing the parties only, the order of eviction has been passed.

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4. Taking note of the submission of the parties, no further orders are required in the contempt petition. Accordingly, the contempt petition is closed. No costs.

5. In case the impleaded party challenges the order of eviction, the petitioner shall also be made as a party to the proceedings so that he shall put-forth not only his defence, but also bring to the attention of the court/authorities, about the deviations and violations by the impleaded respondent and others.

[S.V.N., J.] [C.S.N., J.] 31.10.2022 Asr To Mr.Surendrasha The Commissioner Mettur Municipality Mettur, Salem District Page 3/4

S.VAIDYANATHAN, J.

and C.SARAVANAN, J.

asr Contempt Petn. No.896 of 2020 31.10.2022 Page 4/4