Madras High CourtCONT P/2679/2018closed

M.Sekar v. Asia Mariam,

2018-12-19Honourable Mr Justice R. Mahadevan,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2018 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice R.MAHADEVAN Cont. Petition No.2679 of 2018 M.Sekar ..

Petitioner vs.

1.Asia Mariam, The District Collector, Namakkal.

2.Palanisamy, The District Revenue Officer, Namakkal.

3.Grandhi Kumar, The Revenue Divisional Officer, Namakkal.

4.Sahul Hameed, The Tahsildar, Rasipuram Taluk, Namakkal District.

Respondents Petition filed under Section 11 of Contempt of Courts Act to punish the respondents for committing wilful disobedience of the order of this Court made in W.P.No.29264 of 2016 dated 26.09.2016.

For Petitioner ..

Mr.P.Vijendran For Respondent ..

Mr.M.Elumalai, Govt. Advocate

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) This contempt petition has been filed on the basis that the order passed by the Division Bench in W.P.No.29264 of 2016 dated 26.09.2016 has not been complied with with respect to the encroachment made.

2.It appears that pursuant to the direction of this Court, an enquiry was conducted over Survey Nos.429/128 and 405/1 and action was taken by removing the encroachment made by one Sundaram, S/o Ponnusamy on 17.11.2016. Accordingly, a report was sent by the District Collector, Namakkal in and by proceedings dated 17.11.2016. 3.One more representation was given by one K.Selvan, S/o Karuppannan seeking removal of encroachment over Gramanatham in Survey Nos.369/140 and 369/148. Insofar as these two survey numbers are concerned, it was held by the Revenue Divisional Officer that inasmuch as patta has been granted with respect to Survey Nos.369/148 and the land in Survey No.369/140 has been used by the general public for religious activities in respect of Karupannar Temple and therefore, it cannot be deemed as encroachment and no action need be taken.

4.In view of the above, we do not find any willful disobedience of the order passed by Division Bench in W.P.No.29264 of 2016 on 26.09.2016. Accordingly, the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) raa //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.

PS/25/01/2019