Konambedu Gramma Pothu Nalla Sangham v. Mageswari Ravikumar Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.03.2022
CORAM:
THE HONOURABLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CONTEMPT PETITION NO.1498 OF 2019 -- Konambedu Gramma Pothu Nalla Sangham, represented by its President, namely G.Karunanidhi .. Petitioner/ Petitioner Vs.
1. Mrs.Mageswari Ravikumar, District Collector, Thiruvallur District.
2. Mr.Saravanan, The Tahsildhar, Avadi, Chenani-600 054.
3. Mr.K.Kaliraj, The Inspector of Police, Avadi F1 Police Station, Avadi, Chennai-600 054.
4. Mr.C.Ravichandran, Commissioner, Avadi Municipality, Chennai-54.
(Fourth respondent suo-motu impleaded as per the order dated 10.12.2019 passed in Cont.P.No.1498 of 2019)
5. M/s.V.V.A. & Co., represented by its Partner M.Kalpana, 400, LIG, TNHB, Avadi, Chennai-54 (Fifth respondent suo-motu impleaded as per order dated 10.12.2019 in Cont.P.No.1498 of 2019)
(Fifth respondent deleted as per the order of the Court, dated 02.01.2020 in Cont.P.No.1498 of 2019)
5. Mr.Mathew, No.11, Dr.Radhakrishnan Road, Nandhavanamettur, Avadi.
(Fifth respondent-Mr.Mathew substituted as per the order dated 02.01.2020) .. Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish respondents for wilful disobedience of the order in W.P.No.18881 of 2018, dated 26.07.2018. Prayer in W.P.No.18881 of 2018:
Writ Petition filed under article 226 of the Constitution of India for issuance of writ of mandamus directing the Respondents 1 to 5 to inspect the entire stretch of land in S.F.Nos.350, 351, 532 and 535 in the Konambedu-Narayanpuram village in Parthipattu Majura in Avadi Taluk in Thiruvallur District and direct the Respondents to remove all illegal encroachments on these public lands which include thrashing lands pathways and village lake wherein commercial shops houses and even illegal water filling stations exploiting water illegally by illegal tanker lorry mafia and there is an illegal mosque among many immediately and submit the action taken report before this Honourable Court.
For petitioner : Mr.M.Purushothaman For Respondents: Mr.J.Ravindran, Additional Advocate General, assisted by Mr.P.Muthukumar, State Govt. Pleader and Mr.S.J.Mohammed Sathik for RR-1 to 4
ORDER
(The Order of the Court was made by The Honourable Chief Justice) The Contempt Petition is filed alleging non-compliance of the order of this Court, dated 26.07.2018 passed in W.P.No.18881 of 2018.
2. An affidavit has been filed to state that all the encroachments have been removed.
3. The learned counsel for the petitioner raised a dispute with regard to the encroachment in S.No.350. It has been clarified by the learned Additional Advocate General stating that there exists a patta land in the said Survey Number.
4. In view of the above, we find sufficient compliance of the order passed by this Court, and therefore, the Contempt Petition is closed, discharging the contempt notice issued against the respondents. However, if any encroachment still remains, the petitioner is at liberty to verify the same and ascertain as to whether it is other than on the patta land and if he so chooses, he may file a writ petition afresh. It goes without saying that if the encroachment is removed, the respondents/authorities should monitor the boundaries of the water body and the Government land and not allow the encroachment in future. No costs.
Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar cs To
1. District Collector, Thiruvallur District.
2. The Tahsildhar, Avadi, Chenani-600 054.
3. The Inspector of Police, Avadi F1 Police Station, Avadi, Chennai-600 054.
4. Commissioner, Avadi Municipality, Chennai-54.
5. The Revenue Divisional Officer, Thiruvallur.
6. The Commissioner of Police, Chennai.
7. The Superintendent of Police, Thiruvallur District.
8. The Superintendent of Police, Kancheepuram District.
Cont.P.No.1498 of 2019 GMR(CO) PM/31/03/2022