K.Sekar v. K.Rajeshwari

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.P(MD)No.16325 of 2019 K.Sekar ... Petitioner/Petitioner Vs.

Mrs.K.Rajeshwari, Block Development Officer, Ilayangudi Union Office, Ilayangudi, Sivagangai District. ... Contemnor/Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the contemnor/respondent for the deliberate and willful disobedience of the order, dated 23.07.2019 passed by this Court in W.P(MD)No.16325 of 2019.

For petitioner : Mr.K.Malaimaran For Respondent : Mr.D.Sasikumar, Additional Government Pleader

ORDER

******** (Order of the Court was made by M.S.RAMESH, J. The present contempt petition has been filed, alleging willful disobedience of the order, dated 23.07.2019, passed in W.P(MD)No.16325 of 2018, wherein this Court had directed the respondent herein, to complete the survey process in Survey No.214/2 at Ittiseri, Thadiyamangalam, Nagamugundankudi Taluk, Sivagangai District and thereafter, conduct an enquiry after giving due notice to the encroachers.

2. Today, when the matter was called, the learned Additional Government Pleader produced a copy the certificate issued by the respondent herein, dated 22.11.2022, which evidences that the encroachments in Survey No.214/2 has been evicted and proper road has also been laid.

3. In view of the same, we do not find any disobedience of the order passed by the coordinate Bench. Recording the certificate of the respondent, dated 22.11.2022, this Contempt Petition stands closed.

4. In case, the petitioner is of the view that still there are encroachments in the subject lands, which are not private lands, liberty is hereby granted to him to work out his remedy in accordance with law. [M.S.R.,J.] & [B.P.,J.] 01.12.2022 Index : Yes/No Internet : Yes/No pm

M.S.RAMESH, J.

AND B.PUGALENDHI, J.

pm ORDER MADE IN 01.12.2022