M. Ajithkumar v. Darez Ahamed, I.A.S.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY in W.P(MD)No.14673 of 2022 M.Ajithkumar ... Petitioner Vs.

1.Dr.Darez Ahamed, I.A.S., The Director, Rural Development and Panchayat Raj Department, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Sidapet, Chennai, Tamil Nadu - 600 015.

2.Thiru.Francis Maharaj, The Assistant Director, (Panchayats) Rural Development, And Panchayat Raj Development, Tenkasi, Tamil Nadu.

3.Thiru.D.Ravichandran, I.A.S., The District Collector, Rail Nagar, Tenkasi, Tamil Nadu - 602 001. ... Contemnors/respondents 1, 3 & 4 1/5

Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents herein for their willful disobedience of the order passed by this Court in W.P(MD)No.14673 of 2022, dated 11.07.2022 under the Contempt of Courts Act. For Petitioner :Mr.M.Thirunavukkarasu For Respondents :Mr.Veera Kathiravan, Additional Advocate General, assisted by Mr.P.Thilak Kumar, Government Pleader

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) Alleging willful disobedience of the order of this Court made in W.P(MD)No.14673 of 2022, dated 11.07.2022, the petitioner has filed this contempt petition.

2. In the whole order, dated 11.07.2022, this Court has not given any specific direction against any of the official respondents in respect of either recovery or taking any action. 2/5

3. It is to be noted that the writ petition itself was filed against the official respondents without impleading the persons who have put up unauthorised construction.

4. The writ petition was dismissed with certain observations. This Court is unable to find any specific direction as against the respondents. In such circumstances, showing existence of some constructions, the petitioner cannot move this contempt petition alleging willful disobedience of the orders of this Court. Unless there is any specific direction, this Court cannot entertain this contempt petition.

5. Therefore, this Contempt Petition is dismissed. Liberty is given to the petitioner to file a fresh writ petition if he is still aggrieved and if he still feels that public interest is compromised by private persons.

[S.S.S.R., J.] [D.B.C., J.] 31.07.2023 Index : Yes / No NCC : Yes/No pm 3/5

To 1.The Director, Rural Development and Panchayat Raj Department, Panagal Maligai, 4th & 5th Floor, Abdul Razzak Street, Sidapet, Chennai, Tamil Nadu - 600 015.

2.The Assistant Director, (Panchayats) Rural Development, And Panchayat Raj Development, Tenkasi, Tamil Nadu.

3.The District Collector, Rail Nagar, Tenkasi, Tamil Nadu - 602 001.

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S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

pm 31.07.2023 5/5