S.R. Ravichandran v. V.P. Jeyaseelan Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.R.Ravichandran ... Petitioner -vs1.Dr.V.P.Jeyaseelan, I.A.S., The District Collector, Virudhunagar District, Virudhunagar.

2.Mr.R.Vishwanathan, The Revenue Divisional Officer, Sathur, Virudhunagar District.

3.Mr.Ramachandran, The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.

... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for the willful disobedience of the order of interim injunction, dated 27.10.2022 in W.P(MD) No.19268 of 2021,

passed by this Court.

For Petitioner :

Mr.Y.Prakash For Respondents :

Mr.V.Nirmal Kumar Government Advocate

O R D E R

[Order of the Court was made by R.SUBRAMANIAN, J.] Though it is claimed that the order made by this Court in W.P.(MD) No.19268 of 2021 dated 27.10.2022 has not been complied with in its letter and spirit, a perusal of the proceedings of the Tahsildar, Rajapalayam, shows that though the land has been classified as 'Road Poramboke', there is a 'Jeeva Samathi' which has been in existence for more than 150 years and renovation work has been carried out there. Therefore, the Tahsildar has come to the conclusion that there is no encroachment. Hence, it cannot be said that the order of this Court has not been obeyed in its letter and spirit.

2. The direction of this Court is to consider and remove the encroachment, if any, found. Now that the Tahsildar has concluded that there is no encroachment, the contempt petition will not lie. Hence, the contempt petition is

closed leaving it open to the petitioner to challenge the order of the Tahsildar dated 03.02.2023.

[R.S.M., J.] [L.V.G., J.] 01.06.2023 NCC : No Index : No Internet : Yes PKN To:

1.Dr.V.P.Jeyaseelan, I.A.S., The District Collector, Virudhunagar District, Virudhunagar.

2.Mr.R.Vishwanathan, The Revenue Divisional Officer, Sathur, Virudhunagar District.

3.Mr.Ramachandran, The Tahsildar, Rajapalayam Taluk, Rajapalayam, Virudhunagar District.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

PKN 01.06.2023