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Madras High CourtCONT P(MD)/1476/2023disposed of

Thondaiman v. Asha Ajith I.A.S.,

2023-12-08Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.P.(MD) No.22401 of 2018 Thondaiman ... Petitioner Vs.

1.Tmt.Asha Ajith, I.A.S., The District Collector, Sivagangai District, Sivagangai.

2.Tmt.Jeyanthi, The Tahsildar, Thirupattur Taluk, Thirupattur, Sivagangai District.

...Respondents

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, praying to punish the Contemnors / respondents for their wilful disobedience of the order dated 15.11.2019 made in W.P.(MD) No.22401 of 2018. For Petitioner : Mr.C.Senthil Murugan 1/4

For Respondents : Mr.S.Kameswaran, Government Advocate

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Contempt Petition has been instituted to punish the respondents for their wilful disobedience of the orders of this Court, dated 15.11.2019, in W.P. (MD) No.22401 of 2018.

2. Learned Government Pleader made a submission that alternate house sites have already been allotted in favour of the encroachers in the water body. However, the encroachers are refusing to receive the patta and vacate the water body.

3. Once an alternate house site has been provided to the encroachers they are expected to shift their residences from the water body to the allotted land, enabling the authorities to maintain the water body for protecting the water resource in that locality. Since the respondents have provided alternate site to the encroachers, we do find any reason to consider their claim and therefore, the respondents shall proceed with the eviction and protect the water body to maintain 2/4

the water resource in that locality. The said exercise is directed to be completed within a period of four weeks from the date of receipt of a copy of this order.

4. The Contempt Petition stands disposed of with the above directions. (S.M.S., J.) & (B.P., J.) 08.12.2023 NCC : Yes / No Index : Yes / No SJ To 1.Tmt.Asha Ajith, I.A.S., The District Collector, Sivagangai District, Sivagangai.

2.Tmt.Jeyanthi, The Tahsildar, Thirupattur Taluk, Thirupattur, Sivagangai District.

3/4

S.M.SUBRAMANIAM, J.

AND B.PUGALENDHI, J.

SJ 08.12.2023 4/4