S.Muniappan v. Murugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.04.2022 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE S.ANANTHI in W.P(MD)No.12211 of 2021.

S.Muniappan ... Petitioner/Petitioner vs.

1.Thiru.Murugan, The Assistant Director of Panchayats, O/o. The Assistant Director of Panchayats, Virudhunagar District.

2.Tmt.Vasuki, The Block Development Officer, M.Reddiapatti, Thiruchuli Taluk, Virudhunagar District.

3.Thiru.Jeyachandran, The Tahsildar, O/o. The Tahsildar, Aruppukottai, Virudhunagar District.

4.Thiru.Muneeswaran, The Village Administrative Officer, Kalloorani Village, Aruppukottai, Virudhunagar District.

... Contemnors 3,5,4,6/ Respondents 3,5,4,6 Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents for their wilful disobedience to the order of this Court dated 20.07.2021 in W.P(MD)No.12211 of 2021.

Prayer in WP(MD). 12211 of 2021 :

Writ Petition is filed under Article 226 of the 1/3

Constitution of India, praying this Court To issue an order or direction or writ, more specifically the WRIT OF MANDAMUS directing the Respondents 1 to 6 not to lay the road of villages comprising in Survey Numbers 118 and 119 covering the villages of Kalloorani to Aladipatti and Meenakshipuram village of Aruppukottai Taluk, Virudhunagar District, without safeguarding the Velankulam Kanmoi and its ecology by considering the petitioners representation sent to the respondents 1 to 6 dated 08.06.2021 in the interest of the villages and their agricultural operations, within a stipulated time as fixed by this Honble Court and granting such further or other relief as this Honble Court deems fit and proper in the circumstances of the case and thus render justice. For Petitioner : Mr.L.Prabhu For Respondents : Mr.V.Nirmal Kumar Government Advocate

ORDER

R.SUBRAMANIAN, J.

AND S.ANANTHI, J.

The Division Bench by its order dated 20.07.2021 in W.P(MD) No.12211 of 2021, has directed the respondents to proceed in furtherance of the communication of the 2nd respondent therein dated 21.06.2021 and initiate appropriate action as expeditiously as possible preferably within a period of three months from the date of receipt of a copy of the order.

2.

In the interregnum, it appears that one D.Rasalraj represented by the very same counsel Mr.L.Prabhu, filed a writ petition in W.P(MD)No.5851 of 2021 to direct the respondents 1 to 5 therein, to take action against the respondents 6 to 10 therein, for having utilised the public road for transportation of quarried materials by considering his representation dated 17.02.2021. The said writ petition came to be dismissed on 03.08.2021. An appeal against the said order was also filed by the very same counsel in W.A(MD)No.1753 of 2021 and a Division Bench of this Court by judgment dated 27.01.2022, has recorded as follows:- ''5.Pursuant to the said communication, road laying work has been completed. However, the photographs produced before this Court shows that the water body is intact and the road margins are not fully completed. Therefore, the authorities are directed to complete the strengthening of the road margins and bund on the side of the road, which should be completed within four weeks from the date of receipt of a copy of this order.''

2/3

3.

Hence, we see no wilful disobedience of the order dated 20.07.2021 in W.P(MD)No.12211 of 2021. The Contempt Petition is, therefore, dismissed.

Sd/- Assistant Registrar (Protocol) // True Copy // / /2022 Sub Assistant Registrar(CS) bala To 1.The Assistant Director of Panchayats, O/o. The Assistant Director of Panchayats, Virudhunagar District.

2.The Block Development Officer, M.Reddiapatti, Thiruchuli Taluk, Virudhunagar District.

3.The Tahsildar, O/o. The Tahsildar, Aruppukottai, Virudhunagar District.

4.The Village Administrative Officer, Kalloorani Village, Aruppukottai, Virudhunagar District.

+1 CC to M/s.SPL.GP. ( SR-18387[F] dated 12/04/2022 ) Cont.P(MD)No.1514 of 2021 DATED : 11.04.2022 RD(25.04.2022) 3P 6C 3/3