R.Sundaram v. Balakrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE CONT.P.(MD)No.652 of 2020 in W.P.(MD)No.21382 of 2017 R.Sundaram ... Petitioner -vs1.Balakrishnan, The Tahdilar, Ponnamaravathi Taluk, Pudukkottai District.

2.K.O.Swaminathan, The Commissioner / Special Officer, Keezhathaniyam Village Panchayat, Ponnamaravathi Panchayat Union (BDO), Pudukkottai District.

... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, praying to initiate contempt proceedings against the contemnors for their willful disobedience to the order of this Court in W.P.

(MD)No.21382 of 2017 dated 12.10.2018 and punish him under the Contempt of Court Act, 1971.

For Petitioner : Mr.S.Sivakumar For Respondents : Mr.P.Thilak Kumar Government Pleader

O R D E R

[Order of the Court was made by M.S.RAMESH, J.] Alleging willful disobedience of the order passed by this Court in W.P. (MD)No.21382 of 2017 dated 12.10.2018, this Contempt Petition has been filed.

2.When the matter was taken up for hearing today, it is submitted by the learned Government Pleader that the proceedings under the Tamil Nadu Land Encroachment Act, 1905 was initiated and the eviction orders were also passed. In view of the same, the disobedience alleged cannot be termed as wilful in nature. Accordingly, the contempt petition is closed. [M.S.R., J.] & [A.D.M.C., J.] 13.12.2024 NCC :

Yes / No Index :

Yes / No Internet:

Yes / No MR

To 1.Balakrishnan, The Tahdilar, Ponnamaravathi Taluk, Pudukkottai District.

2.K.O.Swaminathan, The Commissioner / Special Officer, Keezhathaniyam Village Panchayat, Ponnamaravathi Panchayat Union (BDO), Pudukkottai District.

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR CONT.P.(MD)No.652 of 2020 13.12.2024