Easaiya v. M.Vijayalakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Easaiya ... Petitioner -vsM.Vijayalakshmi, The District Collector, Collectorate Building, Dindhugal District.

... Respondent PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor/ contemnor/respondent for his deliberate and willful disobedience of the order of this Honourable High Court made in Cont.P(MD)No.1662 of 2019 in WP(MD)No.9692 of 2019 dated on 19/11/2019.

For Petitioner : Mr.S.Moorthy For Respondent : Mr.J.Ashok Additional Government Pleader

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 dated 19.11.2019 made in Cont.P(MD)No.1662 of 2019 in W.P(MD)No.9692 of 2019.

2.

The petitioner had earlier filed W.P(MD)No.9692 of 2019 and this Court appears to have issued general directions to follow the due process of law. Thereafter, the petitioner filed Cont.P(MD)No.1662 of 2019 in W.P(MD)No.9692 of 2019 alleging wilful disobedience of the order passed in the writ petition. This Court after observing that the Court cannot initiate contempt proceedings against the respondent, directed the District Collector to comply with the directions issued by this Court earlier in the writ petition within a period of twelve weeks from the date of receipt of copy of the order. Thereafter, the present contempt petition is filed.

3.

Learned Additional Government Pleader appearing for the respondent submitted that the respondent have initiated action and the encroacher has approached this Court by filing W.P(MD)No.4739 of 2020 challenging the order of eviction and since this Court has granted interim order, eviction could not be proceeded.

4.

However, having regard to the fact that the respondent have initiated action and passed final order of eviction as against

the encroacher, this Court finds that the action taken by the respondent is in compliance of the directions of this Court. Therefore, this Contempt Petition is closed.

[S.S.S.R, J.] [D.B.C., J.] 12.09.2023 Index : Yes / No bala To M.Vijayalakshmi, The District Collector, Collectorate Building, Dindhugal District.

S.S.SUNDAR , J.

and D.BHARATHA CHAKRAVARTHY , J.

bala 12.09.2023