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Madras High CourtCONT P(MD)/228/2023closed

C. Thirukkayutham, v. Johny Tom Varghese I.A.S.,

2023-08-18Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice K.Murali Shankar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR in W.P.(MD)No.17035 of 2011 C.Thirukkayutham

...Petitioner/Petitioner

Vs.

1.Mr.Johny Tom Varghese, District Collector, Ramanathapuram District, Ramanathapuram.

2.Mrs.Sikkandar Bapitha, Tahsildar, Kamuthi Taluk, 3.Mrs.Manimekalai, Commissioner, 1/6

4.Mr.Rajagopal, Block Development Officer (Block Panchayat), 5.Mr.Naganathan, Sub-Inspector of Police, Kovilangulam Police Station, Kovilangulam, Kamuthi Taluk, ...Contemnor Nos. 1 to 5/ Respondent Nos. 1 to 5 PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act to initiate contempt proceedings against the contemnors/respondents No.1 to 5 and punish them for the wilful disobedience of the order of this Court in W.P.(MD)No.17035 of 2021, dated 21.09.2021.

For Petitioner : Mr.K.Seemaraj For Respondents : Mr.D.Sasikumar Additional Government Pleader for R.1, R.2 and R.5 2/6

: Mr.A.K.Manikkam Special Government Pleader for R.4

O R D E R

(Order of the Court was made by M.S.RAMESH, J.) Alleging non-compliance of the order of the Writ Court, passed in W.P.(MD)No.17035 of 2021, dated 21.09.2021, wherein the respondents 1 to 5 were directed to remove the encroachment made by the sixth respondnet therein, the present Contempt Petition has been filed.

2. Today, when the matter was called, the learned Additional Government Pleader produced a copy of the proceedings of the Tahsildar, Kamuthi, dated 24.06.2023 evidencing that the encroachments in the subject matter have already been removed.

3. The learned Counsel for the petitioner also ratified the said statement made.

3/6

4. In view of the above, the disobedience alleged in this contempt petition cannot be termed to be wilful in nature. Accordingly, the Contempt Petition stands closed.

[M.S.R., J.] [K.M.S., J.] 18.08.2023 Index :Yes/No Internet:Yes/No NCC : Yes/No SSL To 1.Mr.Johny Tom Varghese, District Collector, Ramanathapuram District, Ramanathapuram.

2.Mrs.Sikkandar Bapitha, Tahsildar, Kamuthi Taluk, 3.Mrs.Manimekalai, Commissioner, 4/6

4.Mr.Rajagopal, Block Development Officer (Block Panchayat), 5.Mr.Naganathan, Sub-Inspector of Police, Kovilangulam Police Station, Kovilangulam, Kamuthi Taluk, 5/6

M.S.RAMESH.J., AND K.MURALI SHANKAR,J., SSL Cont.P(MD).No.228 of 2023 18.08.2023 6/6