S.Paramasiva Iyyappan v. Dr.R.Sukumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2025

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in W.P(MD)No.19065 of 2024 S.Paramasiva Iyyappan ... Petitioner Vs.

1.R.Sukumar, The District Collector, Tirunelveli District.

2.S.Esaivani, The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

3.J.Sankar Ram, The Block Development Officer (Village Panchayat), Palayamkottai, Tirunelveli District.

... Respondents PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to take cognizance of this complaint and issue process to the contemnor and as such punish him under Section 12 of Contempt of Courts 1/5

Act, 1971 in view of his deliberate disobedience of the order passed by this Court in W.P(MD)No.19065 of 2024, dated 19.08.2024. For Petitioner : Mr.R.Anand For Respondents : Mr.B.Ramanathan Additional Government Pleader

ORDER

[Order of the Court was made by A.D.JAGADISH CHANDIRA, J.] When the matter was taken up for hearing today, the learned Additional Government Pleader appearing for the respondents submitted that this Court while disposing of W.P(MD)No.19065 of 2024 by an order, dated 19.08.2024, directed the respondents to remove the encroachments made in the park and children's play area in the layout in question, within a period of 12 weeks from the date of receipt of a copy of this order.

2. Pursuant to the same, notices were issued to the encroachers 5 to 7 under Section 7 of the Land Encroachment Act, 1905. In compliance, a notice under Section 7 of the said Act was issued on 17.12.2024. The respondents 5 to 7 submitted their explanation, which was rejected and an order for removal was passed. Their representation was also rejected by the Tahsildar, Palayamkottai vide proceedings in e.f.vz;.M6/4331/2024, dated 12.01.2025. Against the order of the Thasildar, respondents 5 to 7 approached the District Collector 2/5

under Section 10 of the Act and the appeal is pending.

3. The learned Additional Government Pleader appearing for the respondents submitted that the orders of this Court has been complied with and due action has been taken and requested that directions may be issued to the District Collector to dispose of the appeal within a specified period.

4. The District Collector, Tirunelvel is directed to dispose of the appeal filed by the respondents 5 to 7 within a period of four weeks from today.

5. Now since the order of this Court, dated 19.08.2024 has been complied with, no further directions are necessary.

6. Recording the same, the contempt petition stands closed. [A.D.J.C., J.] [L.V.G., J.] 06.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes BTR 3/5

To 1.The District Collector, Tirunelveli District.

2.The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

3.The Block Development Officer (Village Panchayat), Palayamkottai, Tirunelveli District.

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A.D.JAGADISH CHANDIRA, J.

AND L.VICTORIA GOWRI , J.

BTR 06.08.2025 5/5