S.K.Subarda v. K.P.Karthikeyan I.A.S.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 21/06/2024
CORAM
Justice N.SESHASAYEE and Justice R.VIJAYAKUMAR in WP(MD) No.2439/2024 1.S.K.Subadhra 2.R.Manjula Devi 3.V.Suganya ... Petitioners/Petitioners Vs 1.K.P.Karthikeyan District Collector, Tirunelveli District Tirunelveli 2.Esakkipandiyan Thasildar Ambasamudram Taluk Tirunelveli District 3.R.Rajeswaran Commissioner Ambadamudram Municipality Ambasamudram Tirunelveli District ... Contemnors/ Respondents 1/4
PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, 1971 to punish the contemnors for their wilful disobedience of the order dated 14.02.2024 in WP(MD) No.2439/2024. For Appellant : M/s.R.Suriya Narayanan For Respondents : Mr.N.Muthuvijayan for R1 &R2 Special Government Pleader Mr.Veera Kathiravan for R3 Additional Advocate General assisted by Mr.S.Packiyamuthu
ORDER
(Judgment of the Court was delivered by N.SESHASAYEE J.) The petitioners have filed a writ petition in WP(MD) No.2439/2024, wherein, this Court comprising one of us (RVJ) had dismissed the petition with a direction to the authorities to remove the encroachment by due process of law.
2.
The grievance of the contemnors is that the authority authorised in law to initiate eviction contemplated under the Land Encroachment Act is the revenue authorities and the Municipal Commissioner has no authority. He stated that this action is separately being challenged in W.P.(MD) No.3696/2024.
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3.
Inasmuch as the learned counsel for the petitioners has already taken steps to challenge the action of the third respondent, it would only be appropriate for the petitioners to agitate their right in the pending writ petition. This Court is not an execution Court to address all associate and related issues. If at all something is left in the pending writ petition, the petitioners herein are at liberty to agitate the same before the Court. Accordingly, this contempt petition is closed. (N.S.S.,J.) (R.V.,J.) 21.06.2024 NCC : Yes/No Index : Yes/No RR 3/4
N.SESHASAYEE, J.
and R.VIJAYAKUMAR, J.
RR Cont.P.(MD)No.738 of 2024 21.06.2024 4/4