Masjithul Afrar Jumma Masjid v. T.G.Vinay

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2022

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR JUSTICE B.PUGALENDHI Cont.P(MD) No.695 of 2020 and W.P(MD)Nos.5864, 5865, 5866 and 5868 of 2020 and W.M.P(MD)Nos.5086 to 5089 of 2020 Cont.P(MD)No.695 of 2020:

Masjithul Afrar Jumma Masjid Ref. By its President, S.A.Liyakath Ali ... Petitioner/Petitioner -Vs1.Dr.T.G.Vinay, I.A.S., The District Collector, Madurai District,Madurai.

2.Mr.R.Ramesh, The Revenue Divisional Officer (Melur), Y.Othakadai, 3.Mr.M.Kathirvel, The Tahsildahar, Madurai South, 4.Mr.M.Asiq, The Block Develoopment Officer, Tiruparangundram Panchayat Union, 1/8

... Contemnors/Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnors/Respondents for his deliberate and wilful disobedience of the order of this Court made in W.P.(MD)No.22357 of 2017 dated 24.01.2019.

For Petitioner : M/s.J.Jasima Yasmin for M/s. Ajmal Associates For Respondents : Mr.D.Sasi Kumar Additional Government Pleader W.P(MD)Nos.5864, 5865, 5866 and 5868 of 2020: Rajendran ... Petitioner in W.P(MD)No.5864 of 2020 Mani ... Petitioner in W.P(MD)No.5865 of 2020 Shanthi ... Petitioner in W.P(MD)No.5866 of 2020 Priya ... Petitioner in W.P(MD)No.5868 of 2020 -Vs1.The District Collector, Madurai District,Madurai.

2.The District Revenue Officer, Melur, Office at Y.Othakadai,

3. The Revenue Divisional Officer, Melur, Office at Y.Othakadai, 2/8

4.The Tahsildahar, Madurai South, 5.The Block Development Officer, Thiruparangundram Panchayat Union, Thiruparangundram,

6. The Revenue Inspector, Madurai East Inner Circle, Madurai South Taluk, 7.The Inspector of Police, Silaiman Police Station, Silaiman,

8. The President, Viraganoor Village Panchayat, Virganoor, Madurai South Taluk, 9.Majithul Afrar Jumma Majid Rep. By its President S.A.Liyakkath Alikhan ... Respondents in Writ Petitions PRAYER in all Writ Petitions: Writ Petitions are filed under Article 226 of the Constitution of India forbearing the respondents 3 to 7 from dispossessing the 3/8

petitioner or interfering with the petitioner's peaceful possession over the property in Survey No.3/4, Viraganoor Village, Viraganoor Panchayat, Thirupparankundram Panchayat Union, Madurai District, pending disposal of the Appeal Petition in R.P.No.9073 of 2020 on the file of the 2nd respondent. For Petitioners : Mr.R.Senthil Prabhakar For R1 to R8 : Mr.D.Sasi Kumar Additional Government Pleader For R9 : M/s.J.Jasima Yasmin for M/s.Ajmal Associates C O M M O N O R D E R DR.G.JAYACHANDRAN,J.

AND B.PUGALENDHI,J.

So far as the Contempt Petition is concerned, the Additional Government Pleader submits that in view of the orders passed by this Court, the respondent has conducted an enquiry and also taken steps to remove the encroachers by issuing notice under Section 7 of the Land Encroachment Act. However, it appears that the persons, whose names are mentioned in Section 7 notice as encroachers, have approached the authorities and now the litigation has reached 4/8

the doors of the High Court and this Court vide order dated 17.11.2022 has disposed of the Writ Petitions granting liberty to the petitioners to file a revision application within a period of three weeks from the date of receipt of the copy of that order.

2. So far as the Writ Petitions are concerned, the learned counsel appearing for the 9th respondent in the Writ Petitions states that the writ petitioners have taken necessary steps to file revision applications and they will file revision applications within the time stipulated by this Court.

3. In the result, the Contempt Petition is closed. In view of the subsequent development, the Writ Petitions are dismissed as infructuous. No costs. Consequently, connected miscellaneous petitions are closed. [G.J.,J.] [B.P,J.] Index : Yes / No 22.12.2022 Internet : Yes / No CM 5/8

To, 1.The District Collector, Madurai District,Madurai.

2.The District Revenue Officer, Melur, Office at Y.Othakadai,

3. The Revenue Divisional Officer, Melur, Office at Y.Othakadai, 4.The Tahsildahar, Madurai South, 5.The Block Development Officer, Thiruparangundram Panchayat Union, Thiruparangundram,

6. The Revenue Inspector, Madurai East Inner Circle, Madurai South Taluk, 7.The Inspector of Police, Silaiman Police Station, Silaiman, 6/8

8. The President, Viraganoor Village Panchayat, Virganoor,Madurai South Taluk, DR.G.JAYACHANDRAN,J.

AND B.PUGALENDHI,J.

CM Cont.P(MD) No.695 of 2020 and W.P(MD)Nos.5864, 5865, 5866 and 5868 of 2020 and W.M.P(MD)Nos.5086 to 5089 of 2020 7/8

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