Madras High CourtCONT P/1342/2023closed

S.Valli v. Thiru.B.Murugesh And 5 Others

2023-07-28Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.07.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Contempt Petition No.1342 of 2023 S.Valli .. Petitioner Vs 1.B.Murugesh, District Collector, Tiruvannamalai District, Tiruvannamalai.

2.Dr.M.Priyadarshini, District Revenue Officer, Tiruvannamalai.

3.Mandakini, Revenue Divisional Officer, Tiruvannamalai.

4.Saranyadevi, Assistant Director (Panchayats) Tiruvannamalai.

5.S.Sarala Thasildhar, Tiruvannamalai

6.M.Prithvirajan, Block Development Officer, Tiruvannamalai Union, Vengikkal, Tiruvannamalai.

.. Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for willful disobedience of the order passed by this Court in W.P.No.163 of 2023, dated 5.1.2023. For the Petitioner : Mr.N.Suresh For the Respondents : Mr.P.Muthukumar State Government Pleader

ORDER

(Delivered by the Hon'ble Chief Justice) We have heard Mr.N.Suresh, learned counsel for the petitioner and Mr.P.Muthukumar, learned State Government Pleader for the respondents.

2. The petitioner alleges contempt of the order of this court dated 5.1.2023 in W.P.No.163 of 2023, where directions were given to remove the encroachment within twelve weeks.

3. Learned State Government Pleader submits that the alleged encroachers had filed W.P.No.21384 of 2023. This court, by order

dated 20.7.2023, considering the fact that the encroachers had already filed appeal, directed the encroachers to appear before the appellate authority on 27.07.2023 and put forth their case and further directed the appellate authority to decide the stay petition within fifteen days from the date of appearance of the petitioners. It is stated that enquiry is scheduled to be held on 31.7.2023.

4. In case there are no prohibitory orders in force, then the respondents may proceed further for the removal of the encroachment, as observed in the order dated 5.1.2023 in W.P.No.163 of 2023.

In view of the fact that steps are being taken by the respondents, the contempt petition is disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 28.07.2023 Index :

Yes/No Yes/No sasi

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.

(sasi) Contempt Petition No.1342 of 2023 28.07.2023