P.Soundhara Pandiyammal v. Sivakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.04.2024

CORAM:

JUSTICE N.SESHASAYEE AND JUSTICE L.VICTORIA GOWRI in W.P(MD)No.6793 of 2023 P.Soundhara Pandiyammal ... Petitioner/Petitioner -VsThiru Sivakumar, The Thasildar, O/o. Madurai North Taluk, Collectorate Building, Madurai District ... Contemnor/1st Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the contemnor/1st Respondent for his wilful disobedience of the order of this Court made in W.P(MD)No.6793 of 2023 dated 06.04.2023.

For Petitioner : Mr.M.Ponnaiah For Respondent : Mr.A.Baskar Additional Government Pleader 1/5

O R D E R

(Order of the Court was delivered by N.SESHASAYEE., J) The writ petition is filed seeking a direction to the 1st respondent to remove the encroachment made by the respondents 2 and 3 for which purpose the writ petitioner had preferred a representation dated 26.11.2023. Vide order dated 06.04.2023, this Court has directed the 1st respondent to consider the representation of the petitioner.

2. Alleging that the 1st respondent has not complied with that order, to initiate action for contempt this Contempt Petition has been filed.

3. The learned Additional Government Pleader takes notice for the respondent herein. He submitted that the property in relation to which encroachment is alleged belongs to the panchayat and the Tahsildar after surveying the property had issued a proceedings dated 27.06.2023 and also followed it with a reminder dated 09.08.2023. Before filing of the present contempt petition, the respondent herein has issued yet another reminder to the panchayat concerned on 24.01.2024. Whatever could be done by the respondent herein has been done. 2/5

4. There is no representation for the petitioner.

5. This Court finds that the panchayat concerned has not been arrayed as a party. This Court therefore recorded the statement of the learned Additional Government Pleader. Accordingly, this Contempt Petition is closed. The petitioner is indeed at liberty to approach the panchayat concerned for appropriate remedies. No costs.

[N.S.S.,J.] [L.V.G.,J.] Index : Yes / No 26.04.2024 Internet : Yes / No CM 3/5

To, Thiru Sivakumar, The Thasildar, O/o. Madurai North Taluk, Collectorate Building, Madurai District 4/5

N.SESHASAYEE,J.

AND L.VICTORIA GOWRI,J.

CM in W.P(MD)No.6793 of 2023 26.04.2024 5/5