Karuppasamy v. Vanathi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY CONT.P.(MD)No.1128 of 2019 in W.P(MD)No.20134 of 2018 Karuppasamy : Petitioner/Petitioner .vs.

Vanathi, The Tahsildar, Sivakasi Taluk, Virudhunagar District.

: Contemnor/Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying this Court to punish the respondent herein for her wilful and wanton disobedience of the order passed by this Court in W.P(MD)No.20134 of 2018,dated 20.09.2018.

Prayer in WP(MD). 20134/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of mandamus directing the respondents 1 to 4 herein to remove the encroachment made by 5th respondent in Vadiyur Village, Mudalipatti Post, Sivakasi Taluk, Virudhunagar District within the stipulated period.

For Petitioner : Ms.A.Banumathy For Respondents : Mr.VR.Shanmuganathan Special Govt.Pleader

O R D E R

[Order of the Court was made by K.RAVICHANDRABAABU, J.] This Contempt Petition has been filed complaining that the order passed by this Court in W.P(MD)No.20134 of 2018, dated 20.09.2018 has not been complied with so far. 2.The said Writ Petition was filed for a mandamus directing the respondents 1 to 4 to remove the encroachment made by the fifth respondent in Vadiyur Village, Mudalipatti Post, Sivakasi Taluk, Virudhunagar District. This Court, disposed the Writ Petition on 20.09.2018, directing the fourth respondent to consider the https://hcservices.ecourts.gov.in/hcservices/

Petitioner's representation, dated 09.04.2018 for removal of encroachment said to have been put up by the fifth respondent, after giving notice and hearing to the fifth respondent. The grievance of the Petitioner is that the said order has not been complied with so far.

3.However, the learned Special Government Pleader, who takes notice for the Contemnor/respondent, based on instructions, submitted that already the order of this Court has been complied with by issuing a proceedings, dated 22.7.2019 by the Revenue Divisional Officer, Sivakasi, wherein and whereby, the Block Development Officer of Sivakasi is directed to remove the encroachment made at the subject-matter property, measuring an extent of 5 sq.mts, by the fifth respondent. He has also produced a copy of the said proceedings.

4.Considering the above-said facts and circumstances, it is seen that the order passed by this Court in the above Writ Petition has already been worked out by passing the above order. 5.Accordingly, this Contempt Petition is closed by recording the above-said submission made by the learned Special Government Pleader appearing for the respondent/Contemnor. No costs. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS ) To Vanathi, The Tahsildar, Sivakasi Taluk, Virudhunagar District.

+1 CC to M/s.A. BANUMATHY, Advocate ( SR-83471[F] dated 27/08/2019 ) +1 CC to SPL GP ( SR-83588[F] dated 27/08/2019 ) ORDER MADE IN CONT.P.(MD)No.1128 of 2019 in W.P(MD)No.20134 of 2018 26.08.2019 vsn MK (16.09.2019) 2P 4C https://hcservices.ecourts.gov.in/hcservices/