A.Manimaran v. Sivarasu Ias
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Fourth day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN AND The Hon`ble Mrs.Justice R.THARANI A.Manimaran ... Petitioner/ Petitioner Vs
1. Sivarasu I.A.S District Collector Trichy District.
2. Krishnasamy Highways TVS Tollgate Trichy-20 3 Kesavan TVS Tollgate Trichy-20 4 Balasubramanian Highways, Manakkal Road, Lalgudi Trichy.
5 Kaja Lakshmi Assistant Engineer Department of Highways Manachanallur Taluk Trichy District.
6 Sakthivel Murugan Tahsildar Manachanallur Post and Taluk Trichy District.
... Respondents/Contemnors Prayer :- CONT P(MD). No.460 of 2022 Contempt petition filed under section 11 of Contempt of Court Act, 1971 to punish the respondents for non compliance of the order passed by this Honourable Court in W.P.(MD) No. 17196 of 2019 dated 27.09.2019 and pass such further or other orders as this Honourable Court may deem fit and proper in the nature and circumstances of this case and thus render justice. Prayer in WP(MD). 17196/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To direct the respondents 1/4
1 to 6 to remove the encroahment made by the respondents 7 and 8 in Manachanallur - Alagiyamanvalam - Theerampalayam main road (K.M 4/6) at once .
To 1 Krishnasamy Highways Tvs Tollgate Trichy-20 - ( Respondent - 2) 2 Kesavan Tvs Tollgate Trichy-20 - ( Respondent - 3) 3 Balasubramanian Highways Manakkal Road Lalgudi Trichy.
- ( Respondent - 4) Through THE DISTRICT JUDGE, TRICHY Whereas upon this day the Hon`ble Court while hearing the matter has passed an order as follows:
(Order of the Court was made by R.SUBRAMANIAN, J) Heard the learned counsel for the petitioner.
2. It appears that the Assistant Divisional Engineer, Highways Department, Lalgudi, Trichy, is under the impression that the orders of this Court are meant to be flouted only.
3. Though the order of the Division Bench directing the removal of encroachment is dated 27.09.2019 and three months time was granted for such removal, despite the same having expired in December, 2019, no action was taken. This contempt petition was filed and Mr.D.Gandhiraj, learned Special Government Pleader took notice on 17.03.2022. Thereafter, as an eyewash, the Assistant Divisional Engineer, Highways Department, Lalgudi, has chosen to issue notice to the alleged encroachers on 21.03.2022 for the first time. This by itself amounts to contempt. Therefore, we are convinced that the attempt is not to comply with the order, but to escape from the clutches of contempt.
4. The respondents 2, 3 and 4 are directed to be present in Court on 18.04.2022.
5. Post on 18.04.2022.
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Whereas it is expedient in the interest of justice that the personal appearance of the aforesaid 1 Krishnasamy Highways Tvs Tollgate Trichy-20 - ( Respondent - 2) 2 Kesavan Tvs Tollgate Trichy-20 - ( Respondent - 3) 3 Balasubramanian Highways Manakkal Road Lalgudi Trichy.
- ( Respondent - 4) are necessary before the Madurai Bench of Madras High Court, Madurai at 10.30 A.M on Monday , the Eighteenth day of April Two Thousand and Twenty Two (18/04/2022) In this connection you, namely 1 Krishnasamy Highways Tvs Tollgate Trichy-20 - ( Respondent - 2) 2 Kesavan Tvs Tollgate Trichy-20 - ( Respondent - 3) 3 Balasubramanian Highways Manakkal Road Lalgudi Trichy.
- ( Respondent - 4) be and hereby are directed to appear in person before the Madurai Bench of Madras High Court, Madurai at 10.30 a.m on 18/04/2022. HEREIN FAIL NOT, WITNESS The Hon`ble Mr. Justice MUNISHWAR NATH BHANDARI, The Chief Justice of the High Court of Judicature at Madras on Monday the fourth day of April Two Thousand and Twenty Two ( 04/04/2022). ASSISTANT REGISTRAR(CS-III) 3/4
ORDER DATED : 04/04/2022 HEARING DATE : 18/04/2022 ========================== SUMMONS ========================== RK(08/04/2022) 4P 5C 4/4