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Madras High CourtSUB APPL/344/2022dismissed

J.Thangayee v. Sridhar

2023-09-04Honourable Mr Justice S. Vaidyanathan,Honourable Mrs Justice T.V.Thamilselvi4 pages

Sub Application No.344 of 2022 in Cont.P. No. 746 of 2022 S. VAIDYANATHAN,J.

AND T.V. THAMILSELVI,J.

This Court, in W.P. No. 17736 of 2019, passed the following order on 17.08.2021:

"It is submitted by the learned counsel for the petitioner that due to the encroachments in the petitioner's land in S.No. 300/2, the house and the wash room cannot be used by the petitioner. Hence, any obstruction in the form of fencing or shed put up in S.No. 300/2 which prevents the petitioner from using the house including wash room, shall be removed by the concerned official respondents pending disposal of this petition within a period of one week from the date of receipt of a copy of this order.

Call the matter after two weeks."

Alleging non-compliance of the said order, contempt petition No. 746 of 2022 came to be filed.

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2.

When the contempt petition was taken up for hearing on 28.04.2022, the learned Additional Government Pleader appearing for the respondents submitted that the respondents had complied with the interim order passed by this Court dated 17.08.2021 and also produced a copy of the letter dated 06.04.2022 sent by the Block Development Officer with regard to the compliance of the order passed in the writ petition. Learned counsel for the petitioner also submitted that the submission of the learned Additional Government Pleader may be recorded and the contempt petition may be closed. Accordingly, the contempt petition was closed. 3.

Now, after closure of the contempt petition, the present sub application has been filed stating that the interim order dated 17.08.2021 passed by this Court has not been complied with. Since the petitioner had also submitted that the contempt petition may be closed recording the submission of the learned Additional Government Pleader, the contempt petition was closed. That being so, at this distance of time, we are not 2\4

inclined to re-open the contempt petition, apart from the fact that the writ petition is pending. Hence, the sub application stands dismissed. (S.V.N.J.) (T.V.T.S.J.) nv 04.09.2023 1⁄2 S. VAIDYANATHAN,J.

AND T.V. THAMILSELVI,J.

nv Sub Application (OS) No. 344 of 2022 in Cont.P. No. 746 of 2022 3\4

04.09.2023 4\4