S.Rajagopal, v. Karuppasamy,

Cont.P(MD)No.530 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Cont.P(MD)No.530 of 2022 in WP(MD).NO. 15464 of 2021 S.Rajagopal ... Petitioner/Petitioner Vs.

Mr.Karuppasamy, Block Development Officer, Kuruvikulam, Thiruvengadam Taluk, Tenkasi District. ... Contemnor /5th respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent herein for committing grave contempt and gross disobedience of the order passed by this Court in W.P.No.15464 of 2021 dated 31.08.2021.

Prayer in WP(MD). 15464/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of mandamus directing the 1st to 5th respondents to remove the encroachment made by the 6th respondent in Survey No.326/1, Old Appaneri Villagae, Kovilpatti Taluk, Tuticorin District on the basis of Letter dated 28.11.2020 in Na.Ka.No.A3/7081/2019 sent by the 2nd respondent within stipulated period and to pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.B.Rajesh Saravanan For Respondent : Mr.A.Kannan, Additional Government Pleader

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) The petitioner seeks to punish the respondent for having committed contempt by wilfully disobeying the orders of this Court dated 31.08.2021. The order reads as follows: "Mr.B.Saravanan, learned Government Advocate, takes notice for the respondents 1 to 5 and sought time till 05.10.2021 for enabling the fifth respondent to take https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P(MD)No.530 of 2022 steps to remove the encroachment made by the sixth respondent.

2.Recording the submission made by the learned Government Advocate, post the matter on 05.10.2021. 3.Notice to the sixth respondent returnable by then. Private notice is also permitted."

2. We do not find a positive direction requiring the respondent to perform certain acts. What the Division Bench has done is only to record the submission of the learned Government Advocate. Unless there is a positive direction, we do not think that contempt would lie. Hence, this contempt petition is dismissed. Sd/- Assistant Registrar (CO) // True Copy // / /2022 Sub Assistant Registrar(CS) PM To:

The Block Development Officer, Kuruvikulam, Thiruvengadam Taluk, Tenkasi District.

+1 CC to M/s.SPL.GP ( SR-17974[F] dated 11/04/2022 ) Cont.P(MD) No.530 of 2022 08.04.2022 SRR(CO) KB(25.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2