Anjali v. Anthony Raj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.10.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Anjali .. Petitioner Vs Anthony Raj Thasildar Office of the Thasildar Vridhachalam Cuddalore District.

.. Respondent PRAYER: Petition under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for committing contempt of the order passed by this court in W.P.No.12384 of 2023, dated 21.4.2023. For the Petitioner : Mr.D.Dayalan For the Respondent : Mr.P.Muthukumar State Government Pleader

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.D.Dayalan, learned counsel for the petitioner; and Mr.P.Muthukumar, learned State Government Pleader for the respondent.

2. The petitioner alleges contempt on the part of the respondent on the ground that the order dated 21.4.2023 in W.P.No.12384 of 2023 is not complied with.

3. In the order dated 21.4.2023, this court never issued further directions to the Tahsildar. In strict sense, contempt would not arise.

4. However, it appears that the petitioner has issued a notice under Section 131 of the Tamil Nadu Panchayats Act, 1994, but the further process will have to be undertaken by the authority under Sub-Section (2) to Section 131 of the Act of 1994. It would be in the fitness of things that the petitioner and the government

authority cooperate with each other and proceed ahead in the matter. The aim ought to be to remove the unauthorised encroachments.

5. If within a reasonable time action is not undertaken, then the petitioner may agitate afresh by filing a fresh petition.

6. The contempt petition is disposed of accordingly. There will be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 17.10.2023 Index :

Yes/No Yes/No sasi

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 17.10.2023