Ragunathan, v. Sampathkumar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MRS.JUSTICE S.SRIMATHY in W.P(MD)No.11722 of 2022 Ragunathan ... Petitioner -vsSampathkumar, The Authorized Officer, Public Works Department / Water Resources Organisation, Sivagangai, Sivagangai District.

... Respondent PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for the deliberate and willful disobedience of the order dated 15.06.2022 passed by this Honourable Court in W.P.(MD)No.11722 of 2022. For Petitioner : Mr.R.Udhayakumar For Respondent : Mr.J.Ashok Additional Government Pleader

O R D E R

[Order of the Court was made by S.S.SUNDAR, J.] Alleging wilful disobedience of the order dated 15.06.2022 passed in WP(MD)No.11722 of 2022, this contempt petition is filed. 2.

The petitioner filed the above writ petition for issuing a Writ of Mandamus, directing the respondent No.3 therein to remove the encroachment of the Government Supply Channel in Survey Nos.235, 236 and 237 in Melavaniyankudi Group, Annamalai Nagar, Sivagangai Taluk, Sivagangai District. This Court by order dated 15.06.2022 disposed of the said writ petition, after holding that the encroachment should be identified after conducting survey in the presence of all interested parties.

3.

The respondent has filed a status report stating that pursuant to the said direction of this Court, he conducted a survey and during field inspection, he found that there is no encroachment in Survey Nos.236 and 237 of Melavaniyankudi Group, Annamalai Nagar, Sivagangai Taluk, Sivagangai District. It is further reported that encroachment in Survey No.235 had been removed.

4.

Learned counsel for the petitioner states that encroachment in Survey Nos.236 and 237 are not removed. 5.

This Court in the aforesaid writ petition, has given a specific direction to conduct survey. When the respondents found that there is no encroachment in Survey Nos.236 and 237 after survey, this Court finds no merits in the contempt petition. 6.

Therefore, accepting the status report filed by the respondent, this Contempt Petition is closed. [S.S.S.R, J.] [S.S.Y., J.] 08.09.2023 Index : Yes / No bala

S.S.SUNDAR , J.

and S.SRIMATHY , J.

bala 08.09.2023