Jothilakshmi, v. M. Subbu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2023

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.P.(MD)No.10265 of 2020 Jothilakshmi, W/o.Paramasiva Pandian ... Petitioner vs.

1.Mr.M.Subbu, Tahsildar, Manur Taluk, Manur, Tirunelveli District.

2.Mr.Muthukrishnan, The Special Officer/Commissioner of Village Panchayat, Presently, Block Development Officer, Manur Panchayat Union, Manur, Tirunelveli District.

... Respondents Prayer :- Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents herein for their wilful and disobedience of the order passed by this Court, in W.P.(MD)No.10265 of 2020, dated 28.08.2020. For Petitioner : Mr.K.Vinayagan For Respondents : Mr.D.Sasikumar Additional Government Pleader 1/4

ORDER

DR.

G.JAYACHANDRAN, J.

B.PUGALENDHI, J.

Alleging that the Natham land abutting to the public road is encroached by one S.Muthu Pandian/the fifth respondent in W.P.(MD)No.10265 of 2020, and he has put up four shops, the said Writ Petition was filed and this Court, vide order dated 28.08.2020, directed the local body authorities to measure and verify and if there is any encroachment, the same to be removed.

2. Today, when the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondents produced certain photographs and the communication, dated 20.01.2023, received from the Revenue Tahsildar, Manur, stating that pursuant to the order passed by this Court on 28.08.2020 in W.P. (MD)No.10265 of 2020, the encroachments in Natham S.No.1306/14 and other survey numbers were removed.

3. Mr.N.Sankar Ganesh, learned counsel for the fifth respondent in W.P. (MD)No.10265 of 2020 states that the fifth respondent [Muthupandian] has filed a suit in O.S.No.142 of 2020, before the Sub-court, Sankarankovil, against the action proposed to be taken by the local body. However, even before getting any interim order, the structure has been removed and he is agitating his right before the Civil Court.

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4. It is stated that the contempt petitioner herein has already taken an application in I.A.No.4 of 2021 to get herself impleaded in the said suit.

5. In the light of the above, nothing survives for further adjudication in this Contempt Petition. Hence, this Contempt Petition is closed. NCC : Yes / No [G.J., J.] [B.P., J.] Index : Yes / No 09.02.2023 Internet : Yes / No SMN2 To 1.Mr.M.Subbu, Tahsildar, Manur Taluk, Manur, Tirunelveli District.

2.Mr.Muthukrishnan, Special Officer/Commissioner of Village Panchayat, Presently, Block Development Officer, Manur Panchayat Union, Manur, Tirunelveli District.

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DR.G.JAYACHANDRAN , J.

B.PUGALENDHI, J.

SMN2 DATED : 09.02.2023 4/4