Lakshmanan v. Moorthy

Cont.P(MD)No.1195 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MRS.JUSTICE R. THARANI Cont.P(MD)No.1195 of 2020 in W.P.(MD)No.18726 of 2019 Lakshmanan : Petitioner/Writ Petitioner Vs.

Mr.Moorthy, Tahsildar, Thirupparankundram Taluk, Madurai District. : Contemnor/4th Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for committing grave contempt and gross willful disobedience of the order passed by this Court in W.P(MD).No.18726 of 2019 dated 12.11.2019. Prayer in WP(MD). 18726/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus to Direct the Respondents Nos.1 to 4 to remove the encroachment made by the 5th and 6th Respondent at Pulic Cart Track in Survey No.166/1 situated at Thanakankulam Village, Thirupparankundram Taluk, Madurai District.

For Petitioner : Mr.S.A.Ajmalkhan For Respondent : Mr.A.K.Manikkam Standing Counsel for Government

O R D E R

(Order of the Court was made by T.S.SIVAGNANAM, J.) This contempt petition has been filed alleging that there is a wilful disobedience of the order and direction passed in W.P (MD).No.18726 of 2019 dated 12.11.2019.

2.The respondent had issued notice for compliance of the order and in the mean time the encroacher had filed a suit in O.S.No.119 of 2020 on the file of the District Munsif Court, https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P(MD)No.1195 of 2020 Thirumangalam, to declare the notice as null and void. 3.The petitioner herein has filed a Civil Revision Petition under Article 227 of Constitution of India in C.R.P.(MD) No.348 of 2021 to strike down the plaint, in which arguments have been heard and orders were reserved on 13.07.2021.

4.Therefore, we direct that subject to the outcome of the C.R.P.(MD) No.348 of 2021, the respondent, Tahsildar, is directed to proceed further and take action in accordance with law, as ordered in the writ petition.

5.With the above directions, the contempt petition stands disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) tta/rm Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To Mr.Moorthy, The Tahsildar, Thirupparankundram Taluk, Madurai District.

+1 CC to M/s.SPL GP ( SR-24437[F] dated 29/07/2021 ) Cont.P(MD)No.1195 of 2020 27.07.2021 MGJ(05.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2