S.Arumugam v. S.Thangavel

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :31.03.2021 CORAM :

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE A.A.NAKKIRAN Sub Application No.322 of 2019 in Contempt Petition No.2317 of 2018 S.Arumugam, No.2/31, Kulalalar Street, Bodipatti, Udumalpet Taluk, Tiruppur District .. Petitioner Vs.

S.Thangavel, Tahsildar, Taluk Office, Udumalpet, Tiruppur District.

..Respondent Prayer: Petition filed under Section 151 CPC to re-open the contempt petition No.2317 of 2018.

For Petitioner :

Mr.D.R.Arun Kumar For Respondent :

Mr.Elumalai Additional Government Pleader

ORDER

(Order of the Court was made by M. SATHYANARAYANAN, J.) This Court in continuation and in conjecture with the earlier order dated 18.03.2021, is passing the following order:

2. Heard the submissions of the learned counsel appearing for the petitioner and Mr.Elumalai, learned Additional Government Pleader appearing for the respondent/contemnor, who has drawn the attention of this Court to the status report dated 31.03.2021 and would submit that in the light of the said development, nothing remains for further adjudication in this sub-application and prays for closure of this sub-application.

3. It is relevant to extract paragraphs 5 and 6 of the status report: "5. It is submitted that the encroachment made by the respondents 3 to 5 in the 16 feet road, the temporary structures and permanent structure of Bathroom has been evicted infront of the petitioner and respondents 3 to 5. The above facts communicated to the petitioner and respondents 3 to 5 as directed by the Hon'ble High Court. The photograph taken before the eviction and after eviction are submitted for the kind perusal of the Hon'ble High Court. 6.It is submitted that the above field was inspected on 31.03.2021 by the VAO and R.I of Udumalpet and the temporary Movable dove case installed by the 3rd respondent was removed infront of the petitioner's representative. The photographs taken after eviction of the movable dove case is encroached for the perusal of the Hon'ble High Court, Chennai."

4. It is made clear that the respondent shall take necessary steps to prevent fresh encroachment/re-encroachment and subject to the same, the sub-application is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ssm //Certified to be true copy// Dated at Madras this the day of 2022. 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/15/04/2021 To:

The Tahsildar, Taluk Office, Udumalpet, Tiruppur District.