K. Sundar v. Dr. S. Aneesh Sekhar, I.A.S.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.04.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Sundar ... Petitioner vs.

1. Dr.S.Aneesh Sekhar, I.A.S., The District Collector, Madurai District,

2. Mr.Simranjeet Singh Kahlon, I.A.S.

The Commissioner, Madurai Corporation, Thallakulam,

3. Mrs.Uma Devi, The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO)

4. Mrs.Chandra, The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) ... Respondents 1/5

PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for having committed contempt of court by disobeying the order dated 27-10-2022 made in W.P(MD)No.19339 of 2021.

For Petitioner : Mr.J.Imran Khan For R2 : Mr.S.Vinayak For R3 & R4 : Mr.S.Deenadhayalan

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) Complaining disobedience of the directions issued by the Division Bench on 27.10.2022, the petitioner has come up with this contempt petition seeking to punish the respondent. 2.

A status report has been filed by the counsel for the respondents 3 and 4 wherein, it is stated that the offending Transformer has been removed. The Assistant Commissioner of Corporation of Madurai has in his proceedings dated 15.02.2023 observed that except the Transformer, there is no other encroachment over the street.

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3.

The learned counsel for the petitioner would, however, contend that there are encroachments and though the original measurement of the street is about 35 feet, the available breadth as of today is only 15 feet.

4.

We do not think we can go into that question in the contempt petition. Once the directions have been complied with, the contempt has to be closed. It will be open to the petitioner to challenge the communication dated 15.02.2023 in the manner known to law.

5.

The contempt petition is therefore closed. The presence of the respondents 3 and 4 is dispensed with. (R.SUBRAMANIAN, J.) & (L.VICTORIA GOWRI, J.) 24.04.2023 bala To

1. Dr.S.Aneesh Sekhar, I.A.S., The District Collector, Madurai District, 3/5

2. Mr.Simranjeet Singh Kahlon, I.A.S.

The Commissioner, Madurai Corporation, Thallakulam,

3. Mrs.Uma Devi, The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO)

4. Mrs.Chandra, The Chief Engineer, Tamil Nadu Generation and Distribution Corporation Limited (TANGEDCO) 4/5

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

bala DATED : 24.04.2023 5/5