P. Vadivelan v. Sivakaminathan

Sub Application(MD)No.35 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Wednesday, the Twenty Sixth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice M.DURAISWAMY and The Hon`ble Mr.Justice T.RAVINDRAN Sub Application(MD)No.35 of 2020 in Cont.P(MD)SR.No.79489 of 2019 P. VADIVELAN ... PETITIONER/PETITIONER/PETITIONER Vs 1 SIVAKAMINATHAN THE THASILDAR, MELUR TALUK, MADURAI DISTRICT. ... 1st RESPONDENT/1st CONTEMNOR/ THIRD PARTY 2 MUNIASAMY ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, WATER RESOURCE ORGANIZATION, PERIYAR MAIN CANAL SUB DIVISION NO.2, MELUR, MADURAI 625 002.

...2nd RESPONDENT/2nd CONTEMNOR/ 2nd RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Accept the Cause title of the contempt petition. PRAYER IN Cont.P(MD)SR.No.79489 of 2019:

To punish the respondents for his willful disobedience and non compliance of this Hon'ble Court's order dated 16.04.2019 made in WP (MD)No.7201/2019.

Prayer in WP(MD). 7201/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus direct the 2nd respondent to remove the encroachments made by the 4th and 5th respondent and others in Ilukkakudi Kanmoi comprised in S.No.65 in Arittapatti Village in Melur Taluk in Madurai District, after getting the report from the 3rd respondent, and also issue necessary forms as accordance with the Tamil Nadu https://hcservices.ecourts.gov.in/hcservices/ 1/2

Sub Application(MD)No.35 of 2020 Protection of Tanks and Eviction of Encroachment Act, 2007, and its Rules.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR. R. SURIYANARAYANAN, Advocate for the petitioner, the court made the following order:- (Order of the Court was made by M.DURAISWAMY,J) The learned counsel appearing for the petitioner seeks the permission of this Court to withdraw the petition with liberty to file appropriate petition and also made an endorsement to that effect.

2.In view of the same, Sub-Application (MD)No.35 of 2020 is dismissed as withdrawn. It is open to the petitioner to file appropriate petition in the Contempt Petition. sd/- 26/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 SIVAKAMINATHAN THE THASILDAR, MELUR TALUK, MADURAI DISTRICT.

2 MUNIASAMY ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, WATER RESOURCE ORGANIZATION, PERIYAR MAIN CANAL SUB DIVISION NO.2, MELUR, MADURAI 625 002.

ORDER

IN SUB A(MD) No.35 of 2020 in Cont.P(MD)SR.No.79489 of 2019 Date :26/02/2020 ps AE/PN/SAR-IV (04.03.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2