A.Vahith Khan v. Thiru.R.Sekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM A.Vahith Khan ... Petitioner Vs.

Thiru.R.Sekar, The Municipality Commissioner, Vriddhachalam Municipality, Vriddhachalam, Cuddalore District.

...Respondent

PRAYER: Contempt Proceedings initiated under Section 11 of the Contempt of Court Act, to punish the respondent for his willful disobedience of the order passed in W.P.No.25610 of 2021 dated 06.12.2021. For Petitioner : Mr.B.Gopalakrishnan For Respondent : Mr.P.Srinivas, Standing Counsel

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Contempt Proceedings was initiated to punish the respondent for his willful disobedience of the order passed in W.P.No.25610 of 2021 dated 06.12.2021.

2. This Court passed the following order in W.P.No.25610 of 2021 dated 06.12.2021. The relevant portion of the order is extracted hereinunder, "6. In the light of the limited scope of the prayer sought for in the Writ Petition and considering the submissions made by the learned counsels appearing on either side, this Court, without expressing any opinion on the merits of the matter, directs the fourth respondent to take appropriate action on the representation of the petitioner dated 02.09.2021, in accordance with law, after affording opportunity to all the necessary parties. Such exercise shall be completed within a period of six months from the date of receipt of a copy of this order.

7. With the above direction, the Writ

Petition is disposed of. There is no order as to costs."

3. The learned Standing Counsel appearing for the respondent would submit that the representations of the petitioner were considered by the Authorities and encroachments identified were already removed by the Authority competent.

4. However, learned counsel for the petitioner would submit that 80% of the encroachment were removed, but still some more encroachment ought to be removed.

5. If at all the petitioner has further grievance, it is for the petitioner to approach the competent Authority with a specific complaint. This Court cannot expand the scope of the contempt for the purpose of granting any additional relief. Petitioner is at liberty to approach the competent Court, if any grievance exists.

6. With the above observations, the Contempt Petition is closed.

[S.M.S., J.] [V.S.G., J.] 02.09.2024 Index: Yes/No Internet: Yes/No gd To The Municipality Commissioner, Vriddhachalam Municipality, Vriddhachalam, Cuddalore District.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

gd 02.09.2024