K.Thilaga And Another v. K.Senthilraj And 6 Others

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :: 10-11-2023

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN AND THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU CONTEMPT PETITION No.979 of 2023 1.Mrs.K.Thilaga 2.Mr.Arif Ali ...

Petitioners -vs1.Mr.K.Senthilraj 2.Mr.Kumaravel Pandian, I.A.S., The District Collector, Vellore District, Vellore.

3.Mr.Anand, The Tahsildar, Wallajah Taluk, Vellore District.

4.P.Anbarasan, The Executive Engineer, (PWD) Water Resources Organisation, Upper Palar Division, Vellore, Vellore District.

2/4 5.Mr.Rajendran, The Assistant Engineer, (PWD) Water Resources Organisation, Palar Dam Section, Ranipet, Vellore District.

6.Mr.S.Babu (Incharge), The Commissioner, Melvisharam - 632 509, Wallajah Taluk, Vellore District.

7.Mr.Vinayagam, The Assistant Executive Engineer, Arcot Rural, TANGEDCO, Kathiyavadi - 632 503, No.110, Kannamangalam Road, Vellore District.

...

Respondents Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for wilful disobedience of the order of this Court, dated 27.01.2022, in W.P.No.18109 of 2018. For Petitioner : Mr.T.Mohan, Senior Counsel, for M/s.Angayarkani For Respondents 2 to 6: Mr.J.Ravindran, Additional Advocate General, assisted by Mr.A.Selvendran, Special Govt.Pleader.

For Respondent 7: Mr.L.Jaya Venkatesh

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ORDER

(By S.Vaidyanathan,J.) Mr.A.Selvendran, learned Special Government Pleader, appearing for the respondents - State, drew the attention of this Court to the Compliance Report, more-so Paragraph 8, and contended that after issuance of notice to the persons, who are residents of the area in question, and also affixing notice on the residences of those who have not received notice, encroachment has been removed.

2. Learned counsel for the petitioners would submit that some of the persons, who have received notice, are not encroachers and that they should be provided with alternative place.

3. This Court cannot go into the plea of the petitioners in the present Contempt Petition, as there is a direction by this Court to remove the encroachment in Palar River Bed, after giving notice to the parties concerned, and that action has been taken and encroachment removed. Those aggrieved by the action of the respondents are free to take necessary steps in accordance with law. We find that the plea raised by the petitioners in this contempt cannot be entertained, as it is beyond the scope of contempt.

4. Contempt Petition is, accordingly, closed. Index : Yes/No (S.V.N.,J.) (P.D.A.,J.) Internet : Yes/No 10-11-2023 dixit

4/4 S.VAIDYANATHAN,J.

AND P.D.AUDIKESAVALU,J.

dixit CONT.P.No.979 OF 2023 10-11-2023