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Madras High CourtCONT P(MD)/1610/2023closed

A. Mayan v. M.S. Sangeetha,

2023-08-22Honourable Mr Justice S.S. Sundar,Honourable Mr Justice D.Bharatha Chakravarthy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CONT.P(MD)NO.1610 OF 2023 and W.P(MD)No.3165 of 2022 A.Mayan :Petitioner/Petitioner .vs.

1.M.S.Sangeetha, The District Collector, Madurai.

2.C.Ravichandran, The Revenue Divisional Officer, Usilampatti Taluk, 3.Suresh, The Tahsildar, Usilampatti Taluk, 4.Kannan, The Block Development Officer, Usilampatti Taluk, 5.Balamuruga Maharaja, The Village President, Village Panchayat, Thottappanayackanur, Usilampatti Tluk, 1/5

: Respondents/ Contemnors PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act praying this Court to punish the respondents for wilfully and wantonly disobeying the order passed by this Court in W.P(MD)No.3165 of 2022, dated 28.10.2022.

For Petitioner :Mr.C.Sundaravadivel For Respondents :Mr.J.K.Kayaseelan Govt.Advocate

O R D E R

********* (Order of the Court was made by S.S.SUNDAR,J) This Contempt Petition is filed alleging wilful disobedience of the order passed by this Court in W.P(MD)No.3165 of 2022, dated 28.10.2022.

2.Mr.J.K.Jayaseelan, learned Government Advocate takes notice for the respondents/Contemnors. By consent of both parties, the Contempt Petition is taken up for disposal at the admission stage itself.

3.The Petitioner, earlier had filed a Writ Petition for issuance of a Writ of Mandamus to remove the encroachment. This Court, by 2/5

order, 28.10.2022, disposed of the Writ Petition, in the following lines:

''3.Recording the above submission of the learned Government Advocate, the authority concerned is directed to remove the encroachments made by the private respondents in the subject land after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of twelve(12) weeks from the date of receipt of a copy of this order.''

The above Contempt Petition is filed complaining that the respondents have not complied with the direction of this Court. 4.The learned Government Advocate appearing for the respondents/Contemnors has produced before this Court a communication of the Tahsildar, Usilampatti, dated 17.08.2023.The photographs and the above said communication show that the encroachment alleged is removed by demolishing the construction put up by the encroacher.

5.It is in these circumstances, recording the statement made by the learned Government Advocate reporting compliance of the 3/5

order of this Court, this Contempt Petition is closed. No costs. [S.S.S.R.,J.] [D.B.C.,J.] 22.08.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To 1.M.S.Sangeetha, The District Collector, Madurai.

2.C.Ravichandran, The Revenue Divisional Officer, Usilampatti Taluk, 3.Suresh, The Tahsildar, Usilampatti Taluk, 4.Kannan, The Block Development Officer, Usilampatti Taluk, 5.Balamuruga Maharaja, The Village President, Village Panchayat, Thottappanayackanur, Usilampatti Tluk, S.S.SUNDAR, J.

AND 4/5

D.BHARATHA CHAKRAVARTHY,J.

vsn 0RDER MADE IN CONT.P(MD)NO.1610 OF 2023 and W.P(MD)No.3165 of 2022 22.08.2023 5/5