S. Ravi v. Alagapparaja

W.P.(MD)No.1354 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS. JUSTICE S.ANANTHI Cont.P.(MD)No.1354 of 2020 (Through Video Conferencing) S.Ravi : Petitioner/Petitioner Vs.

Alagapparaja The Tahsildar, Kadayanallur Taluk Kadayanallur Tirunelveli District.

:2nd Contemnor/Respondent PRAYER: Petition filed under Section 11 of Contempt of Courts Act, 1971 to initiate proceedings against Alagappa Raja, contemnor/2nd respondent and punish him for his wilful disobedience to the order of this Court passed in W.P.(MD) No.18709/2019 on 29.08.2019. Prayer in WP(MD). 18709/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the 2nd and 4th respondents to remove the encroachment allegedly made by the 6th and 7th Respondents on the poromboke common pathway in S.No.404/14 and 404/18 at Oormelazhagiyan village, Kadayanallur Tk, Tirunelveli District, on the basis of my representation dated 08-07-2019. For Petitioner : Mr.T.Indrachithu For Respondent : Ms.J.Padmavathi Devi Special Government Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J) This contempt petition has been filed inter alia alleging that the order passed in W.P.(MD) No.18709/2019 dated 29.08.2019 has not been complied with.

2.The learned Special Government Pleader, on instructions from the respondent No.2, submitted that the matter has been referred to the respondent No.4 in the writ petition, namely, Block Development Officer, as the land in question comes within his jurisdiction. Therefore, the respondent NO.4, who is the competent authority, takes action.

3.In such view of the matter, the respondent No.4 in the writ petition, namely, the Block Development Officer, Kadayanallur, https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.1354 of 2020 Tirunelveli District, to look into the communication sent by the respondent No.2 and take appropriate action towards removal of encroachment in accordance with law, after due notice to the parties concerned, within a period of eight weeks from the date of receipt of a copy of this order.

4.With the above direction, the contempt petition stands closed. No costs.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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 1.Alagapparaja The Tahsildar, Kadayanallur Taluk Kadayanallur Tirunelveli District.

2.The Block Development Officer, Kadayanallur Panchayat Union Tirunelveli District.

Cont.P.(MD)No.1354 of 2020 Dated: 08.01.2021 NA(CO) KB(29.01.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2