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Madras High CourtWMP(MD)/22/2018allowed

Glora Selasty, v. The State Of Tamil Nadu

2018-01-11Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sub.A(MD)Nos.22 and 35 of 2018 in Cont.P(MD)No.SR49228 of 2017 in W.P(MD)No.14168 of 2016 Sub.A(MD)Nos.22 and 25 of 2018:

1.Malaichamy 2.S.Satish ... Petitioners in both Sub.Applications/ Petitioners/Respondents 9 & 11 Vs.

1.Mr.Veeraraghava Rao, I.A.S., District Collector, Madurai District. .. 1st respondent in both Sub.Applications/ 1st respondent/4th respondent 2.Mr.Somasundaram Srinivasan, Thasildhar, Madurai East Taluk, Madurai District. .. 2nd respondent in both Sub.Applications/ 2nd respondent/Third party 3.Shantha Moorthy .. 3rd respondent in Sub.A(MD)No.35/2018/ proposed party/petitioner PRAYER in Sub.A(MD)No.22 of 2018: This Sub-Application has been filed under Section 151 of C.P.C., to accept the cause title in the above contempt petition, which is filed against the respondents herein for their wilful disobedience and non-compliance of the order of this Court in W.P(MD)No.14168 of 2016 dated 08.08.2017. PRAYER in Sub.A(MD)No.35 of 2018: This Sub-Application has been filed to implead the third respondent /proposed party as the third respondent in the above contempt petition.

https://hcservices.ecourts.gov.in/hcservices/ PRAYER in Cont.P(MD)No.SR49228 of 2017: Contempt Petition has been

filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the respondents herein for their wilful disobedience and non compliance of the order of this Court made in W.P(MD)No.14168 of 2016 dated 08.08.2017 and punish them in accordance with law.

Prayer in WP(MD). 14168/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to direct the Respondent No.1 to 7 to remove the illegal encroachment by the Respondent No.9 and 11 from the land in Narasingam 4th bit Survey Number 147/1B comprising 2 acres and 82 cents, which allotted to the Y.Othakadai Government Higher Secondary School at Ulaganeri, Narasingam Panchayat, Madurai District and to direct the Respondent No.1 to 7 to construct boundary wall around to the said school within the time stipulated by this Honble Court. (In both Sub. Applications) For Petitioner : Mr.R.Suriyanarayanan For R-1 & R-2 : Mrs.S.Srimathy, Special Government Pleader COMMON ORDER [Order of the Court was made by K.K.SASIDHARAN, J.] The learned counsel for the petitioners seeks permission of this Court to withdraw these applications and contempt petition with liberty to take appropriate proceedings against the respondents and he has also made an endorsement to that effect.

2. In view of the endorsement so made, Sub.A(MD)Nos.22 and 35 of 2018 and Cont.P(MD)No.SR49228 of 2017, are dismissed as withdrawn with liberty.

Sd/- Assistant Registrar(co) /True Copy/ Sub Assistant Registrar(cs-III) +1cc to Special Government Pleader, SR.No.95800 Common Order made in Sub.A(MD)Nos.22 and 35 of 2018 in Cont.P(MD)No.SR49228 of 2017 15.11.2018 PM SPSKN SAR3 31.12.2018 2P 2C https://hcservices.ecourts.gov.in/hcservices/