Madras High CourtCONT P(MD)/1276/2021closed

G.Josephine, v. Parimala,

2021-10-05Honourable Mr Justice M.Duraiswamy,Honourable Mr Justice K.Murali Shankar2 pages

Cont.P(MD)No.1276 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Cont.P(MD)No.1276 of 2021 in W.P(MD)No.13874 of 2021 G.Josephine ... Petitioner/Petitioner Vs.

1.Parimala, The Tahsildar, Alangulam Taluk, Tenkasi District.

2.Chandra Sekar, The Inspector of Police, Alangulam Police Station, Tenkasi District.

... Contemnors/ Respondents 2 & 3 Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnors/respondents for their wilful disobedience of the order of this Court made in W.P(MD)No.13874 of 2021, dated 10.08.2021.

Prayer in WP(MD). 13874/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus or any other writ or order or direction of a like nature to call for the records on the file of the 2nd respondent pertaining to its order bearing Na.Ka.A2/1682/2021 dt.14.07.2021 and to quash the same and consequently direct the respondents 1 and 2 to grant patta to the petitioner to an extent of 120 square feet comprised in Survey No.490/30, Grama Natham prompoke, Andipatti Village, Alangulam Taluk, Tenkasi Taluk within a time that may be stipulated by this Honble Court and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.P.Thilak Kumar Government Pleader https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P(MD)No.1276 of 2021

ORDER

(Order of the Court was made by M.DURAISWAMY,J.) When the Contempt Petition is taken up for hearing, Mr.S.Sivakumar, learned counsel appearing for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, appearing for the respondent submitted that the respondents have complied with the orders passed by this Court in W.P(MD)No.13874 of 2021, dated 10.08.2021 by handing over the possession of the property to the petitioner along with bricks and iron rods.

2.In view of the submission made by the learned counsel on either side, the Contempt Petition stands closed. However, it is made clear that the second respondent-Tahsildar in the Writ Petition is at liberty to pass an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905, after giving an opportunity of hearing to the petitioner. The second respondentTahsildar, shall take appropriate steps to remove the encroachment following due process of law.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) ps 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 Tahsildar, Alangulam Taluk, Tenkasi District.

2.The Inspector of Police, Alangulam Police Station, Tenkasi District.

+1 CC to M/s.SPL.GP (SR-31358[F] dated 06/10/2021) Cont.P(MD)No.1276 of 2021 in W.P(MD)No.13874 of 2021 05.10.2021 NSN(CO)/SB(22.10.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2