Babu .S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY S.Babu ... Petitioner -vs1.The District Collector Pudukottai District 2.The Tahilsdhar Pudukottai District 3.The Executive Officer Keeramangalam Town Panchayat Pudukottai District 4.The Inspector of Police Keeramangalam Police Station Pudukottai District 5.Chandrasekaran 6.Rajalakshmi 7.Pavalakodi ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 2 & 3 to constitute and inspection team and inspect the property in S.F.No.103 of Keeramangalam Village and to ascertain the ground realities as to whether there is any encroachment as per the direction issued by this Court in W.P.(MD) No.13913 of 2017, dated 12.07.2021.

For Petitioner :

Mr.G.Thiruvariselvan For Respondents :

Mr.M.Lingagurai Special Government Pleader for R1, R2 & R4 Mr.V.Nirmal Kumar Government Advocate for R3

O R D E R

[Order of the Court was made by S.VAIDYANATHAN, J.] The prayer in this writ petition is to direct the respondents 2 & 3 to constitute an inspection team to inspect the property in S.F.No.103 of Keeramangalam Village and to ascertain as to whether there is any encroachment, as per the directions issued by this Court in W.P.(MD) No. 19913 of 2017, dated 12.07.2021.

2. A perusal of the papers shows that the petitioner has already obtained an order from this Court on 12.07.2021. However, according to him, the order of this Court, more particularly paragraph No.5, has not been complied with by the official respondents.

3. Since the petitioner's grievance has already been redressed, the present writ petition is not maintainable. However, liberty is granted to the petitioner to file a contempt petition, as the powers of this Court under Article 215 of the Constitution of India cannot be curtailed by Section 20 of the Contempt of Courts Act, 1971, against the respondents concerned for the disobedience of the directions issued by this Court.

4. We also make it clear that it is open to the Authority concerned to initiate disciplinary proceedings against the officials, who are responsible for non-compliance of the directions issued by this Court, and to enter the same in their service registers also.

5. At this juncture, learned Special Government Pleader appearing for the respondents 1, 2 & 4 submitted that that pursuant to the directions

issued by this Court, the Tahsildar, Alangudi Taluk, has passed an order dated 09.11.2021, rejecting the request of the petitioner, on the ground of jurisdiction and the same has not been challenged by the petitioner.

6. We make it clear that if the petitioner is aggrieved by the order dated 09.11.2021, passed by the Tahsildar, Alangudi Taluk, he can challenge the same in the manner known to law.

7. With the above directions, this writ petition is disposed of. No costs.

[S.V.N., J.] [D.B.C., J.] 03.07.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The District Collector, Pudukottai District.

2.The Tahilsdhar, Pudukottai District.

3.The Executive Officer, Keeramangalam Town Panchayat, Pudukottai District.

4.The Inspector of Police, Keeramangalam Police Station, Pudukottai District.

S.VAIDYANATHAN , J.

and D.BHARATHA CHAKRAVARTHY , J.

krk 03.07.2023