P.G.Kumarasamy v. S.A.Raman Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Contempt Petition No. 1647 of 2019 and Sub. Appl.(OS) No.172 of 2021 P.G.Kumarasamy .. Petitioner

Versus

1.Thiru S.A.Raman, I.A.S., District Collector Vellore District Vellore - 632 009.

2.Vijayakumar The Tahsildar Walajapet Taluk Walajapet Vellore District - 632 513.

.. Respondents Petition filed under Section 11 of the Contempts of Court Act, 1971, to punish the respondents 1 and 2 for wilful disobedience of the order dated 19.12.2018 passed by this Court in Contempt Petition No.1641/2018 in W.P. No.21030 of 2016.

For Petitioner :

change of vakalat given For Respondents :

Mr. Meera Arumugam Additional Government Pleader Mr.R.Gunalan Advocate Commissioner 1/4

ORDER

(Order of the Court was made by R. MAHADEVAN, J.) This Court, by order dated 19.12.2018, directed the respondent authorities to take appropriate action to remove the encroachment within a period of four weeks and thereafter, fence the encroached portion in order to prevent further fresh encroachment and accordingly, closed the contempt petition bearing no.1641 of 2018 filed by the petitioner. However, the said direction was not complied with by the respondent authorities, which forced the petitioner to file another contempt petition before this court. 2.On 11.02.2022, as agreed by the learned counsel appearing for both sides, this Court in order to ascertain the present position of the subject land and encroachments, if any, appointed one Mr.R.Gunaalan as Advocate Commissioner for inspection of the same and file a report in this regard. 3.Today, when the matter is taken up for consideration, the learned counsel on record for the petitioner submitted that he no longer appears for the petitioner as he has already handed over the case bundle along with change of vakalat to him.

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4.However, the Advocate Commissioner, as directed by this court, filed his report dated 09.03.2022, wherein, in paragraph 9, it is stated as follows: "...during my inspection on 26.02.2022 some persons claiming them to be the private respondents in writ petition came and claimed that they are the own brothers of the petitioners and sons of one D.Gopal. They furthr stated that their father's name is D.Gopal and not Gopal Mudaliyar. They also said that the petitioners have also file a civil suit against them in the sub court, Ranipet in O.S.No.224/2013 which is pending. They said that they have not encroached any Government Land...." 5.In the light of the report filed by the Advocate Commissioner, which itself speaks that there is no encroachment as alleged by the petitioner, this court is of the opinion that the petitioner has not made any contempt against the respondent authorities. Hence, this contempt petition stands closed. Consequently, connected sub application stands also closed. [R.M.D., J.] [J.S.N.P., J.] 01.04.2022 Index : Yes/No dhk/av 3/4

R. MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD, J.

dhk/av Cont.P.No.1647 of 2019 01.04.2022 4/4