Sangeetha, v. S.Sivarasu, Ias
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P.(MD)No.3787 of 2019 Sangeetha ... Petitioner/Petitioner vs.
1.Mr.S.Sivarasu, IAS, The District Collector, Trichy Collectorate, Trichy.
2.Mr.Gunasekar, Block Development Officer, Uppiliyapuram Union Office, Trichy.
3.Mr.Balaji, Assistant Engineer (Rural Development), Uppiliyapuram Union Office, Trichy.
... Contemnors/ Respondents 1 to 3 4.M.Saravanan ... Contemnor/Respondent PRAYER : Contempt Petition filed under Section 11 of Contempt of Court Act, to punish the respondents under the provisions of Contempt of Court for their wilful disobedience of the order of this Court in W.P.(MD)No.3787 of 2019 and W.M.P.(MD)No.2968 of 2019 and Cont.P.(MD)No.474 of 2020 dated 02.09.2020. Prayer in WP(MD). 3787/ 2019 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to direct the respondents not to block access to the petitioners land in S.No.172/1, 172/2, 173/2 and 172/6 of Upiliyapuram (South) Village by altering the path of the pre existing road from Maradi to Balakrishnampatti and construct the road in the original pre existing path.
For Petitioner : Mr.M.Aarumugam For Respondents : Mr.R.Ragavendran, Government Advocate for R1 to R3 Mr.N.Sudhagar Nagaraj for R4 1/3
O R D E R
This Contempt Petition has been filed contending that there has been breach of the final order made in W.P.(MD)No.3787 of 2019.
2. The contest in this case is essentially between the writ petitioner and the fourth respondent herein namely M.Saravanan. But, M.Saravanan was not a party to the writ proceedings. In the interest of justice, the order dated 02.09.2020 is suo motu recalled and W.P.(MD)No.3787 of 2019 is restored to file. The petitioner shall file a petition for impleading M.Saravanan in the said writ proceedings. Registry is directed to place the said writ petition before the concerned Judge for disposal on merits and in accordance with law. All the rights of the petitioners are left open. This Contempt Petition is closed on these terms. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) csm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Trichy Collectorate, Trichy.
2.The Block Development Officer, Uppiliyapuram Union Office, Trichy.
3.The Assistant Engineer (Rural Development), Uppiliyapuram Union Office, Trichy.
2/3
Copy to The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.SPL GP ( SR-37767[F] dated 08/12/2021 ) in W.P.(MD)No.3787 of 2019 07.12.2021 RK(21/12/2021) 3P 6C 3/3