A. M. Sakthivel v. J. Kamalakannan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2024

CORAM

THE HON'BLE MR.D. KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B. BALAJI A.M.Sakthivel : Petitioner versus 1.J.Kamalakannan, Tahsildar, Chinnasalem Taluk, Kallakurichi District 2.Selvaganesh, Block Development Officer, Chinnasalem Taluk, Kallakurichi District : Respondents Prayer: Contempt Petition filed to punish the respondents for disobeying the order of this Court in WP No.4630 of 2023 dated 16.02.2023.

For the Petitioner :

Mr.Krishnasamy Chinnasamy For the Respondents :

Mr.M.Habeeb Rahman, Government Advocate

ORDER

(Made by the Hon'ble Acting Chief Justice) When the contempt petition was taken up for hearing, learned Government Pleader has filed a report before this Court stating that the encroachment has been removed. Photographs evidencing removal of encroachment is also produced before this Court. The report is taken on record.

2. Learned counsel for the petitioner submitted that the petitioner is no more now. According to the learned counsel, the entire encroachment has not been removed and only a portion of the encroachment has been removed.

3. This Court cannot go into disputed facts in a contempt petition. It is reported that the petitioner is dead. If it is the case of the legal heirs of the petitioner that the entire encroachment has not been removed, it is open to them to approach the Block Development Officer or appropriate civil court and seek appropriate remedy.

4. The contempt petition stands closed.

(D.K.K., ACJ.) (P.B.B., J.) 16.08.2024 Index : Yes/No : Yes/No tar

D. KRISHNAKUMAR, ACJ, AND P.B. BALAJI, J.

(tar) 16.08.2024