Prabhu v. Sivagaminathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI in W.P.(MD) No.6347 of 2018 Prabhu ... Petitioner -vs1.Sivagaminathan The Tahsildar Melur Taluk Melur-625 106 Madurai District 2.Subramanian The Assistant Executive Engineer Public Works Department Melur Taluk Madurai District 3.Kalyanamuthu The Village Administrative Officer Boodamangalam Melur Taluk Madurai District ... Respondents PRAYER: Petition filed under Section 11 of Contempt of Court Act, to punish the respondents for willful disobedience of the order in W.P. (MD) No.6347 of 2018, dated 23.03.2018.

Prayer in WP(MD). 6347/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the respondents 1 to 3 to remove all the encroachments made by the respondents 5 to 10 or any other person in the Pazhavettan Tank bearing Survey No.88/2, in Nallasukkampatti Village, Karungalakudi Post, Melur Taluk, Maduri District within a time frame as may be fixed by this Honble Court. 1/3

For Petitioner :

Ms.P.Jessi Jeeva Priya For Respondents :

Mr.A.K.Baskarapandian Special Government Pleader

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] This contempt petition has been filed alleging wilful disobedience of the order and direction, dated 23.03.2018, in W.P. (MD) No.6347 of 2018.

2. The learned Special Government Pleader submitted that the land in question is a grama natham in occupation of certain persons and the Tahsildar, Melur Taluk, is of the opinion that the alleged encroachment is an unobjectionable.

3. In any event, the Court issued direction to the respondents to consider the representation and take action and therefore, the Tahsildar has to take action and pass a speaking order. If the petitioner has any objection to the order, it is well open to him to challenge the same in the manner known to law. Therefore, we direct the Tahsildar to consider the objection and pass a speaking order and communicate a copy of the same to the petitioner, within a period of six weeks from the date of receipt of a copy of this order.

4. Accordingly, the contempt petition is disposed of. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To:

1.Sivagaminathan, The Tahsildar, Melur Taluk, Melur-625 106, Madurai District.

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2.Subramanian, The Assistant Executive Engineer, Public Works Department, Melur Taluk, Madurai District.

3.Kalyanamuthu, The Village Administrative Officer, Boodamangalam, Melur Taluk, Madurai District.

+1 CC to M/s.P. JESSI JEEVA PRIYA, Advocate (SR-101652[F] 27/11/2019) +1 CC to M/s.Special Govt. Pleader ( SR-102432[F] dated 28/11/2019 ) in W.P.(MD) No.6347 of 2018 26.11.2019 krk SDS (16.12.2019) 3P 6C 3/3