S.A.V.Higher Secondary School v. Sandeep Nanduri Ias.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Cont.P.(MD)No.1284 of 2019 in W.P.(MD)No.15170 of 2019 S.A.V.Higher Secondary School, Represented by its Secretary, S.Balaji, Thoothukudi, Thoothukudi District.

... Petitioner/Petitioner Vs.

1. Sandeep Nanduri The District Collector, Thoothukudi, Thoothukudi District.

2. P.Jeyaseelan, The Commissioner of Coporation, Thoothukudi City Municipal Corporation, 113, Palai Road, Thoothukudi-628 002

3. D.Chandramohan, Assistant Commissioner (Revenue) Thoothukudi City Municipal Corporation, 113, Palai Road, Thoothukudi-628 002.

... Contemnors/Respondents No.2 to 4 Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the Contemnors/Respondents and punish them for the wilful disobedience of the order of the Hon'ble High Court in Writ Petition W.P(MD) No.15170 of 2019 dated 05.07.2019.

Prayer in WP(MD). 15170/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus forbearing the respondent Nos.2 to 4 from occupying the petitioners school play ground in survey No.T.S.No.3467 / 20, 1-A Ward.No.4, Block No.21 of Tuticorin town & Taluk in an extent of 3.53 acres in Tuticorin District without orders and sanction from the 1st respondent .

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mr.A.K.Manikkam Special Government Pleader 1/3

O R D E R

This Contempt Petition is filed as against the interim order passed by this Court in W.P(MD)No.15170 of 2019 on 05.07.2019.

2. This Court admitted the writ petition and issued notice returnable in two weeks . In the meanwhile, the play ground utilized by the petitioner school in the subject land shall not be disturbed by the respondents. In view of the fact that the interim passed was passed in the year 2019 and the petitioner states that the order has been complied with, this Court is of the opinion that an elaborate adjudication is required with reference to the facts and circumstances. Under these circumstances, the writ petitioner is at liberty to canvass all the merits at the time of final hearing. Thus, the Contempt Petition stands closed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2022 Sub Assistant Registrar(CS) ssb To:

1. Sandeep Nanduri The District Collector, Thoothukudi, Thoothukudi District.

2. P.Jeyaseelan, The Commissioner of Coporation, Thoothukudi City Municipal Corporation, 113, Palai Road,Thoothukudi-628 002

3. D.Chandramohan, Assistant Commissioner (Revenue) Thoothukudi City Municipal Corporation, 113, Palai Road,Thoothukudi-628 002.

Copy to The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-7167[F] dated 18/02/2022 2/3

+1 CC to M/s.SPL GP ( SR-7604[F] dated 21/02/2022 ) Cont.P.(MD)No.1284 of 2019 in W.P.(MD)No.15170 of 2019 17.02.2022 SK(CO) KB(03.03.2022) 3P 7C 3/3