Madras High CourtCONT P/2889/2022closed

R.G.Sartaj Gulnaz Begum (Deceased) And 8 Others v. S.Shakila And Another

2023-01-31Honourable Dr Justice Anita Sumanth4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.01.2023

CORAM

THE HONOURABLE DR. JUSTICE ANITA SUMANTH 1.RG.Nazir Baig (Deceased) 2.R.G.Sartaj Gulnaz Begum 3.R.G.Sikander Baig 4.R.G.Asgar Baig 5.R.G.Shaheena Begum 6.Shafiya Nazeen Begum 7.R.G.Afsar Baig 8.R.G.Afzal Baig 9.R.G.Fazal-E-Elahi Baig ... Petitioners Vs.

1.Mrs.S.Shakila, Commissioner, Ambur Municipality, Ambur, formerly Vellore District, Now Thirupathur District.

2.Thiru.Dr.K.S.Balla Krisshan, IPS, Superintendent of Police, Thirupathur District, Thirupathur.

...Respondents

Prayer: Contempt Petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971, to punish the respondents therein for violation and willful

disobedience of the order passed by this Court dated 25.04.2022 made in W.P.No.23313 of 2016.

For Petitioner : Mr.M.Sriram For Respondent : Mr.P.Srinivas (for R1) Standing Counsel Mr.Alagu Goutham (for R2) Government Advocate

O R D E R

This contempt petition is filed by the 2nd respondent in WP.Nos.23313 and 23314 of 2016 alleging non compliance with the direction issued under order dated 25.04.2022, the contents of which may be read as part and parcel of this order.

2.An affidavit of compliance has been filed by Mr.P.Srinivas, learned Standing Counsel for R1 enclosing a communication from Commissioner, Ambur Municipality (R1) addressed to the Registrar of this Court in compliance with the direction at paragraph 10 of the order. 3.The reading of the counter filed by R1 and a perusal of the report of R1 and enclosed photographs indicate that the four shops occupied by the two petitioners have been vacated by the Commissioner using the machinery of R3 i.e. the Police authority, Thirupathur District on 02.08.2022.

4.The shops are stated to be under seal exercising powers under Section 218(3) of the Tamil Nadu District Municipalities Act. With this, the order dated 25.04.2022 stands complied and recording the same, this contempt petition is closed. It is for the petitioner/contempt petitioner to seek possession of the same from R1 and such request if made, shall be decided in accordance with law, upon receipt of the representation, forthwith. No costs. 31.01.2023 vs Index : Yes/No Speaking Order/Non-speaking order

DR.ANITA SUMANTH,J.

vs 31.01.2023