Inbam v. Krishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2023

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MRS JUSTICE S.SRIMATHY Inbam .. Petitioner Vs.

1.Mr.Krishnan The Thasildar, West Taluk Office, Madurai West, Virattipathu, Madurai District.

2.Mr.Ramar, The Block Development Officer, Thiruparankunram Panchayat Union, Thirunagar Office, Madurai - 625 006.

.. Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, against the respondents herein for their willful disobedience to implement the order passed by this Hon'ble Court in W.P. (MD)No.10071 of 2022, dated 18.05.2022.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.D.Sasikumar, Additional Govt. Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) The order of the Co-ordinate Bench passed in W.P.(MD)No.10071 of 2022, dated 18.05.2022, was by way of direction to the respondents herein to consider the Writ Petitioner's representation seeking for removal of certain alleged encroachment in the public road situated in S.Nos.41/1, 41/1B and 41/2, Vadivel Nagar, Karadipatti Village, Madurai West Taluk, Madurai District, within a stipulated time. Alleging disobedience, the present Contempt petition has been filed.

2. Today when the matter was called, the learned Additional Government Pleader produced a copy of the proceedings of the Tahsildar, Madurai West in Na.Ka.No.2420/2022/,, dated 02.03.2023, whereby, it is stated that the encroachment in S.Nos.41/1, 41/1B and 41/2, and the subdivisions therein have been removed.

3. The learned counsel for the petitioner also ratified the statement made by the learned Additional Government Pleader, in accordance with the proceedings of the Tahsildar, Madurai West, dated 02.03.2023. He further added that there is a temple in existence in the same survey numbers which have not been removed owing to the interim orders passed in another Writ Petition filed by the temple.

4. In the light of the submissions made by either of the parties, we do not find any disobedience to the order of the Co-ordinate Bench. Needless to point out that non-clearance of the temple lands, will not be within the scope of the present Contempt Petition. Accordingly, the Contempt Petition stands closed.

(M.S.R.,J.) (S.S.Y.,J.) 18.08.2023 NCC : Yes / No Index : Yes / No vsm

M.S.RAMESH, J.

and S.SRIMATHY, J.

vsm To 1.The Thasildar, West Taluk Office, Madurai West, Virattipathu, Madurai District.

2.The Block Development Officer, Thiruparankunram Panchayat Union, Thirunagar Office, Madurai - 625 006.

18.08.2023