S.Panneer Selvam v. Alagu Meenal,

SUB A(MD). No.35 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Writ Appellate Jurisdiction Friday, the Twenty Second day of April Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice R.SUBRAMANIAN AND The Hon`ble Mrs.Justice S.ANANTHI SUB A(MD). No.35 of 2022 in CONT P(MD).923 of 2021 S.Panneer Selvam ... Petitioner/Petitioner Vs Alagu Meenal ... Respondent/Respondent Prayer :- Petition filed under Section 151 of C.P.C to reopen the contempt petition in Cont P(MD) No. 923 of 2021 disposed of on 19.07.2021 on the file of the Honourable High Court. Prayer in Cont P(MD).923 of 2021 :

Petition under Section 11 of the Contempt of Court Act, to initiate contempt proceedings and punish the Contemnor/Respondent No.3 and punish her for the wilful disobedience of the order passed by the Hon'ble Court in W.P.(MD) No.5223 of 2021 dated 26.04.2021. Prayer in WP(MD). 5223/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To pleased to issue a Writ of Mandamus for a direction, directing the Respondents No. 1 and 2 to remove the illegal encroachments made by Respondents No. 4 to 9 in public pathway situate in S. No. 845/3 at Ponnangudi Village, Kantiramnickam, post, Thirupathur Taluk, Sivagangai District within the timeframe stipulated by this Honble Court. ORDER:- This Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru. T.Lajapathi Roy, Advocate for the Petitioner and of Thiru. V.Nirmal Kumar, Govt, Advocate, for the respondent, this Court made the following order: The petitioner seeks re-opening of the contempt petition in https://hcservices.ecourts.gov.in/hcservices/ 1/2

SUB A(MD). No.35 of 2022 Cont.P(MD)No.923 of 2021, on the ground that the direction given in paragraph 4 of the order dated 19.07.2021 made in the said contempt petition, has not been complied with.

2.

Though the petitioner's grievance is justified, unfortunately, for the petitioner, the contempt petition has been disposed of with the fond hope that the authorities will comply with the directions of this Court. As it is their practice, the authorities have not complied with the orders of this Court. However, it is for the petitioner to move a fresh contempt petition, since we find that the petitioner cannot seek to re-open the contempt petition which has been disposed of leaving it open to the petitioner to file appropriate fresh contempt petition. 3.

Accordingly, Sub Application(MD)No.35 of 2022 is dismissed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO The Block Development Officer, Block Development office, Kallal, Sivagangai District.

Copy to:

The Section Officer, Contempt Section, Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 22/04/2022 ==========================

ORDER

========================== SUB A(MD). No.35 of 2022 in CONT P(MD).923 of 2021 Giving direction and etc.

as stated within.

RD(04.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2