P.Selvaraj v. A.Suresh Fedrick Clement,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE CONT.P.(MD)No.1108 of 2020 in W.P.(MD)No.15700 of 2019 P.Selvaraj ... Petitioner -vsA.Suresh Fedrick Clement, Tahsildar, Madurai North Taluk, Madurai - 625 020.

... Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the contemnor / respondent herein for committing grave contempt and gross willful disobedience of the order passed by this Court in W.P.(MD)No.15700 of 2019 dated 19.09.2019.

For Petitioner : Mr.S.Radhakrishnan For Respondent : Mr.P.Thilak Kumar Government Pleader

O R D E R

[Order of the Court was made by M.S.RAMESH, J.] Alleging willful disobedience of the order passed by this Court in W.P. (MD)No.15700 of 2019 dated 19.09.2019, this Contempt Petition has been filed.

2.When the matter was taken up for hearing today, it is submitted by the learned Government Pleader that pursuant to the order of the Writ Court, the respondent had initiated action by issuing a notice under Section 7 of the Tamil Nadu Land Encroachment Act. However, the concerned encroacher had challenged the notice before the Civil Court and the same is pending. We have also taken note of the fact that there were no positive directions for removal of encroachments.

3.In view of the fact that the eviction proceedings have been initiated, the disobedience alleged cannot be termed as willful in nature. Accordingly, the contempt petition is closed. [M.S.R., J.] & [A.D.M.C., J.] 13.12.2024 NCC :

Yes / No Index :

Yes / No Internet:

Yes / No MR

To A.Suresh Fedrick Clement, Tahsildar, Madurai North Taluk, Madurai - 625 020.

M.S.RAMESH, J.

and A.D.MARIA CLETE, J.

MR CONT.P.(MD)No.1108 of 2020 13.12.2024