Amutha And Another v. Thiru.K.Balasubramanian Ias And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Cont.P.No.2839 of 2022, Cont.P.Nos.426, 748 and 749 of 2023

1. Amutha

2. S.Jeyakumar ... Petitioners in Cont.P.No.2839/2022

1. Mahalakshmi

2. R.Radha

3. Hema ... Petitioners in Cont.P.No.426/2023 K.Ramakrishnan ... Petitioner in Cont.P.No.748/2023

1. K.Sankaravadivelu

2. Venkatakrsihna Janakiraman

3. Tmt.J.Janet ... Petitioners in Cont.P.No.749/2023 -Vs1. Thiru K.Balasubramanian, I.A.S.

The District Collector, Cuddalore District, O/o. Collectorate, Cuddalore - 607 001.

2. Thiru. Sridhar, The Special Tahsildar (ADW), O/o.Special Tahsildar, Cuddalore.

... Respondents 1 and 2 in all Cont.ps.

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3. The District Superintendent of Police, Cuddalore District.

... 3rd respondent in Cont.P.Nos.748 & 749/2023 [R3 suo motu impleaded as 3rd respondent in Cont.P.Nos.748& 749/2023 vide order dated 02.06.2023 by SMSJ] Prayer : Contempt Petitions filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for not obeying the order dated 27.07.2021 made in W.P.No.18497 of 2014 and W.P.Nos.830, 1354, 1355 of 2015.

For Petitioner : Mr.G.Ethirajulu [in all Cont.Ps.] For Respondents : Mr.P.Kumaresh [in all Cont.Ps.] Additional Advocate General assisted by Mr.P.Sathish, Additional Government Pleader

ORDER

These contempt petitions have been filed for the alleged disobedience of the order of this Court dated 27.07.2021 made in W.P.No.18497 of 2014 and W.P.Nos.830, 1354, 1355 of 2015.

2. Today when the contempt petition is taken up for hearing, learned Additional Advocate General appearing for the respondents has submitted that, though the Superintendent of Police has already been 2/5

made as a party in Cont.P.Nos.748 and 749 of 2023 by the orders of this Court dated 02.06.2023, before whom no such complaint has been made or registered by the petitioners with regard to the alleged encroachment, where part of the Government Officials also had come to make such encroachment.

3. The Superintendent of Police in his report has stated that, if any complaint has come before his office, he will take action on such complaint in accordance with law.

4. When this position has been made clear, Mr.G.Ethirajulu, learned counsel appearing for the petitioners would submit that, immediately the petitioners would make a complaint to the Superintendent of Police with regard to the alleged violation on the part of the third parties.

5. The said submission made by both sides is taken on record. It is open to the contempt petitioners to make a complaint along with a proof and documents including photographs for such violation or alleged 3/5

encroachment to the Superintendent of Police, Cuddalore District and the Superintendent of Police, if receives any complaint from the petitioners shall take action in accordance with law.

6. With this direction, theses contempt petitions are closed with liberty to the petitioners to revive the same, if the Superintendent of Police has not acted upon despite the complaint is given by the petitioner in accordance with law.

26.07.2023 Index : Yes/No Internet : Yes/No mp 4/5

R. SURESH KUMAR, J.

mp Cont.P.No.2839 of 2022, Cont.P.Nos.426, 748 and 749 of 2023 26.07.2023 5/5