V. Vaiyanan, v. Vimala,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Contempt Petition(MD)No.392 of 2022 V.Vaiyanan ... Petitioner/Writ Petitioner vs.

1.Vimala, Tahsildar, 2.Muniyasamy, The Revenue Inspector, O/o. The Revenue Office, Kadalgudi, 3.Sivabalan, The Block Development Officer, Pudhur, ... Respondents Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors for wilful disobedience of the order in W.P (MD)No.2013 of 2018 of this Court dated 14.08.2018. Prayer in WP(MD). 2013/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents to initiate action against the persons for illegal drawing of water from Public Works Department Tank situated at K.Subbiahpuram Village, Vilathikulam Taluk, Tuticorin District by using Motor Pump sets as per the communication issued by the 3rd Respondent on 03.01.2018 For Petitioner : Mr.A.Srinivasan For Respondents : Mr.D.Gandhiraj Special Government Pleader Page 1/3

ORDER

R.SUBRAMANIAN, J.

AND N.SATHISH KUMAR, J.

The complaint of the petitioner is that the order of this Court made in W.P(MD)No.2013 of 2018 dated 14.08.2018, has not been implemented scrupulously by the authorities.

2.

The direction issued by this Court is to the effect that the authorities shall ensure that no one illegally extracts water through mechanical means from the tank in question. The petitioner would rely upon certain photographs to show that the illegality continues despite the order of this Court.

3.

The Tahsildar, Vilathikukam as well as the Block Development Officer, Pudhur, Vilathikulam Taluk, have filed status reports, wherein, they have stated that the authorities are taking action as and when there is illegal tapping of water from the tank in question. It is also stated that upon receipt of the notice from the petitioner, the oil pumps were removed on 18.02.2022. It is also claimed that there is no much of water in the tank as of now. The learned counsel for the petitioner does not dispute the statement of the learned Special Government Pleader in this regard. 4.

In view of the compliance reported, the contempt petition is closed. The authorities are directed to ensure that there is no illegal tapping of water by maintaining adequate vigilance around the tank whenever there is enough of water.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2022 Sub Assistant Registrar(CS) To 1.Vimala, Tahsildar, 2.Muniyasamy, The Revenue Inspector, O/o. The Revenue Office, Kadalgudi, Page 2/3

3.Sivabalan, The Block Development Officer, Pudhur, +1 CC to M/s.A.SRINIVASAN, Advocate ( SR-11425[F] dated 11/03/2022 ) +1 CC to M/s.SPL GP ( SR-11168[F] dated 10/03/2022 ) ORDER MADE IN CONT.P(MD)No.392 of 2022 DATED : 09.03.2022 SS/22.03.2022 : 3P/6C Page 3/3