S.Syed Ali v. Karthikeyan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN in W.P(MD)No.27490 of 2023 S.Syed Ali ... Appellant vs.

1. Mr.Karthikeyan, The Tahsildar, Taluka Office, Thiruvadanai Taluk,

2. Ganesan, The Block Development Officer, Block Development Office, Thiruvadanai Union, Thiruvadanai Taluk,

3. Mahalingam, The Executive Officer, Town Panchayat Office, Thondi, Thiruvadanai Taluk, ... Respondents Prayer : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Contemnors/Respondents for their willful disobedience in Page No.1 of 4

non-compliance of the order of this Honourable Court in W.P(MD)No.27490 of 2023 dated 20.11.2023.

For Appellant : M/s.I.Kalantar Aasik Ahamedu For Respondents : Mr.N.Satheesh Kumar Additional Government Pleader

JUDGMENT

(Judgment of the Court was made by R.SURESH KUMAR, J.) This contempt petition has been filed for the alleged disobedience of the orders of this Court dated 20.11.2023 made in W.P(MD)No.27490 of 2023. Under the said order, the encroachment was directed to be removed. 2.

According to the petitioner, since the order has not been complied with and the encroachment has not been removed, he has approached this Court by filing the present contempt petition.

3.

Today, when the contempt petition is taken up for hearing, Mr.N.Satheesh Kumar, learned Additional Government Pleader appearing for the respondents has filed written instructions given by the Executive Officer of the Town Panchayat, Thondi, dated 23.04.2024, where, the Executive Officer has stated that part of the encroachment had been removed on 15.03.2024 and Page No.2 of 4

the remaining encroachment in full had been removed on 21.04.2024 and in support of his contention, photograph showing the debris which are remains of the dismantled encroached portion has also been filed. 4.

Therefore, we are satisfied that the order passed by this Court since has been complied with, no further persuasive or coercive action can be taken in this contempt petition. Accordingly, it is closed. (R.S.K., J.) (G.A.M., J.) 23.04.2024 Index : Yes / No : Yes / No bala To

1. Mr.Karthikeyan, The Tahsildar, Taluka Office, Thiruvadanai Taluk,

2. Ganesan, The Block Development Officer, Block Development Office, Thiruvadanai Union, Thiruvadanai Taluk, Page No.3 of 4

R.SURESH KUMAR, J.

and G.ARUL MURUGAN, J.

bala

3. Mahalingam, The Executive Officer, Town Panchayat Office, Thondi, Thiruvadanai Taluk, 23.04.2024 Page No.4 of 4