← Library
Madras High CourtCONT P(MD)/436/2021closed

A.Chinnakaruppan v. T.Rameshwaran

2021-03-19Honourable Mr Justice M.M.Sundresh,Honourable Mrs Justice S.Ananthi (Retd.)3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI in W.P.(MD)Nos.1219, 1227, 1242 & 1235 of 2021 A.Chinnakaruppan : Petitioner in Cont.P(MD)436/2021 P.Karuppaiyah : Petitioner in Cont.P(MD)437/2021 M.Adiyakki : Petitioner in Cont.P(MD)438/2021 M.Mookkan : Petitioner in Cont.P(MD)439/2021 Vs.

Mr.T.Rameshwaran, District Forest Officer, District Forest Office, Sivagangai Forest Range, Sivagangai District.

: Respondent in all Cont.Ps COMMON PRAYER: Contempt Petitions filed under Section 11 of the Contempt of Court Act to punish the respondent / contemnor for the willful disobedience and non-compliance of the common order passed by this Court in W.P.(MD)Nos.1219, 1227, 1242 & 1235 of 2021, dated 27.01.2021.

Prayer in WP(MD). 1219/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue the Writ of Certiorarified Mandamus to call for the records pertaining to the notice issued by 7th Respondent in Na.Ka.No.256 of 2020 dated 02.11.2020 and quash the same as without jurisdiction and consequently forbear the respondents from evicting me from the properties in R.S.No.212 Naranamangalam Village and to pass such further or other orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

Prayer in WP(MD). 1227/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue the Writ of Certiorarified Mandamus to call for the records pertaining to the notice issued by 7th Respondent in Na.Ka.No.256 of 2020 dated 02.11.2020 and quash the same as without jurisdiction and consequently forbear the respondents from evicting me from the 1/3

properties in R.S.No.212 Naranamangalam Village and to pass such further or other orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

Prayer in WP(MD). 1235/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue the Writ of Certiorarified Mandamus to call for the records pertaining to the notice issued by 7th Respondent in Na.Ka.No.256 of 2020 dated 02.11.2020 and quash the same as without jurisdiction and consequently forbear the respondents from evicting me from the properties in R.S.No.212 Naranamangalam Village and to pass such further or other orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

Prayer in WP(MD). 1242/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue the Writ of Certiorarified Mandamus to call for the records pertaining to the notice issued by the 7th Respondent in Na.Ka.No.Nill of 2020 dated 02.11.2020 and quash the same as without jurisdiction and consequently forbear the respondents from evicting me from the properties in R.S.No.212 Naranamangalam Village and to pass such other orders as this Honourable Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioners : Mr.N.S.Karthikeyan For Respondent : Mr.K.P.Krishnadoss, Special Government Pleader in all Cont.Ps COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) The contempt petitions have been filed, inter alia, alleging that the order passed by this Court in W.P.(MD)No.1219 of 2021, etc., batch, dated 27.01.2021, has not been complied with.

2. It appears that the petitioners have been dispossessed, in pursuant to the final orders passed on 05.03.2021. The grievance of the petitioners' Counsel is that even before the said final order being communicated, the dispossession has been taken place.

3. However, the learned Special Government Pleader submitted that there was a need for dispossession, which has taken place after the passing of the final order and in compliance of some other order passed by this Court, in which also a contempt petition is pending. 2/3

4. Suffice it to state that we do not find any willful disobedience on the part of the respondent. If the petitioners are aggrieved, they can very well challenge the final orders passed on 05.03.2021, in the manner known to law.

5. Accordingly, all the contempt petitions stand closed. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) To The District Forest Officer, District Forest Office, Sivagangai Forest Range, Sivagangai District.

+1 CC to M/s.N.SKARTHIKEYAN, Advocate ( SR-12652[F] dated 22/03/2021 ) +1 CC to M/s.SPL GP ( SR-12778[F] dated 22/03/2021 ) 19.03.2021 KMV(CO) KB(23.04.2021) 3P 4C 3/3