Madras High CourtCONT P/2314/2017closed

S.Saravanan v. Muthuraja

2019-08-07Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.08.2019

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR Cont.P.No.2314 of 2017 S.Saravanan ..Petitioner Vs.

1.Muthuraja The Tahsildar Attur Taluk Office Attur Town & Taluk Salem District 2.Attur Annanagar Residents Welfare Association, No.451, Anna Nagar, Attur 636102 Salem District Rep. by its President R.Duraisamy (2nd respondent impleaded vide order dt.07.08.19 in Sub A.(OS) No.58 of 2019 in Cont.P.No.2314 of 2017) ..Respondents Petition filed under Section 11 of Contempt of Courts Act to punish the respondents for their wilful disobedience of the order of this Court in W.P.No.15296 of 2016 dated 26.04.2016.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Ms.M.Lalitha for R1 Mr.G.Sankaran for R2

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Alleging that the order passed in W.P. No. 15296 of 2016 dated 26.04.2016 has not been complied with, the present contempt petition has been filed.

2. When the matter is taken up for hearing today, status report has been filed on behalf of the contemnor. A communication dated 02.08.2018 has also been produced before this Court. The Special Thasildar (ADW), Attur has sent a letter to the District Adi Dravidar and Scheduled Caste and Welfare Officer, Salem.

3. It is submitted that the said communication is pending with the Collector for taking final action. The alleged violators also filed writ petition before this Court, in which a direction is given to the District Collector, Salem to take action. Thus, the ball lies in the Court of the District Collector, Salem.

4. In such view of the matter, we direct the District Collector, Salem to take a call within a period of eight weeks from the date of receipt of a copy of this order.

5. We may note that the Tahsildar, Attur has also issued order under Section 6 of the Unauthorised Occupants Act preceded by notice under Section 7 of the said Act. We further clarify that we have not decided anything on the merits of the case and the liberty is given to the parties to raise all the contentions before the appellate authority.

6. In view of the above, the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mmi/ssm //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Smi/21/08/2019

1. The District Collector, Salem.

2. The Tahsildar, Attur Taluk Office, Attur Town & Taluk, Salem District.