E.Mari v. Alby John Varthese

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.11.2022

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MRS.JUSTICE R.HEMALATHA Contempt Petition No.1680 of 2021 E.Mari No:258, Chelliamman Koil Street, No.62, Athupakkam Village, Thandalam Post, Uthukottai Taluk, Tiruvallur-601102.

...

Petitioner ...Vs...

1.Mr.Dr.Alby John Varthese District Collector Tiruvallur District,

2. Mr.B.Ganesan, Project Director, Tamilnadu Road Sector Project, No.17, Kesava Perumalpuram, Greenway Road,Raja Annamalaipuram, Chennai- 600 028.

3. Mr.B.R.Kumar Director General, Highway Department, Integrated Chief Engineers Office, No.76, Sardhar Patel Road, Chennai- 600025.

4. Mr.R.Chandrasekar Chief Engineer, Construction and Maintenance, 1/4

No.76, Sardar Patel Road, Guindy, Chennai- 600 025.

5. Mr.Gnanavel Divisional Engineer, Highways, Construction and Maintenance, Tiruvallur Division,

6. Mr.Chandrasekar The Assistant Engineer, Highways, Construction and Maintenance, Tiruvallur Division, Tiruvallur.

7. Mr.Dilli Babu, Former, Assistant Engineer, Highways, Construction and Maintenance, Tiruvallur Division, ....

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 dated 23.12.2020 made in W.P.No.19781 of 2020 in accordance with law.

For Petitioner :

Mr.V.Ramamurthy For Respondents :

Mr.A.Selvendran Special Government Pleader

O R D E R

This contempt petition is filed alleging non compliance of the order passed by the Division Bench on 23.12.2020 in W.P.No.19781 of 2020.

2. Today, when the contempt petition is taken up for hearing, the 2/4

learned Special Public Prosecutor appearing for the Respondents submitted that the order passed by the Division Bench of this Court on 23.12.2020 has been complied with and encroachments have been removed. An affidavit of the 5th Respondent dated 06.06.2022 has also been produced before this Court to that effect.

3. Recording the submission made by the learned Special Government Pleader appearing for the Respondents and the affidavit dated 06.06.2022, this Contempt Petition stands closed. If the petitioner wants access to the Highways it is open to him to agitate the same before the appropriate forum, in the manner known to law. No costs. [S.V.N,J.,] [R.H,J.,] 30.11.2022 arr To 1.Mr.Dr.Alby John Verthese The District Collector Tiruvallur District, Tiruvallur.

2. Mr.B.Ganesan, Project Director,Tamilnadu Road Sector Project, No.17, Kesava Perumalpuram, Greenway Road,Raja Annamalaipuram, Chennai- 600 028.

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S.VAIDYANATHAN, J and R.HEMALATHA,J arr

3. Mr.B.R.Kumar Director General, Highway Department, Integrated Chief Engineers Office, No.76, Sardhar Patel Road, Chennai- 600025.

4. Mr.R.Chandrasekar Chief Engineer, Construction and Maintenance, No.76, Sardar Patel Road, Guindy, Chennai- 600 025.

5. Mr.Gnanavel The Divisional Engineer, Highways, Construction and Maintenance, Tiruvallur Division,

6. Mr.Chandrasekar The Assistant Engineer, Highways, Construction and Maintenance, Tiruvallur Division, Tiruvallur.

7. Mr.Dilli Babu, Former, Assistant Engineer, Highways, Construction and Maintenance, Tiruvallur Division, Contempt Petition No.1680 of 2022 4/4

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