Madras High CourtCONT P(MD)/1612/2021closed

David v. M.Taj Nisha

2023-09-01Honourable Mr Justice M.S. Ramesh,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM

THE HON'BLE MR. JUSTICE M.S.RAMESH AND THE HON'BLE MR. JUSTICE B.PUGALENDHI David .. Petitioner Vs.

1.M.M.Taj Nisha, The Tahsildar, Thovalai Taluk, (Sitting at Boothapandy) Kanyakumari District.

2.The Block Development Officer, Boothapandi Union, Thovalai Taluk, Kanyakumari District.

(R2 suo-motu impleaded vide Court order dated 01.12.2022 in Cont.P.(MD)No.1612 of 2021) .. Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnors / respondents for their deliberate and willful disobeying the order of this Court in W.P.(MD)No. 2797 of 2019, dated 15.11.2019.

For Petitioner :

Mr.M.Sankar For Respondents :

Mr.D.Sasikumar, Addl. Govt. Pleader for R1 & R2

ORDER

(Order of the Court was made by M.S.RAMESH,J.) It is brought to our notice that in continuation of our earlier order dated 23.06.2023, the learned Additional Government Pleader submitted that the encroachers in the 6 dwelling houses of the water bodies were given alternate accommodation and patta were also issued to them. However,, when eviction notices were issued, these encroachers had challenged the same before this Court in W.P.(MD)Nos.17785 to 17788 of 2023 and the coordinate Bench of this Court, in which one of us was a party (BPJ), had dismissed the writ petitions, by granting six months time to them from 01.08.2023, to vacate the subject properties.

2. In this background, the six months period would end on 31.01.2024. Therefore, the disobedience alleged by the petitioner, cannot be

termed to be willful in nature in view of the orders passed by the co-ordinate Bench of this Court.

3. Hence, the Contempt Petition stands closed. However, liberty is granted to the petitioner to file a fresh contempt petition, in case, the encroachers did not vacate the property on or before 31.01.2024. (M.S.R., J.) (B.P., J.) 01.09.2023 NCC : Yes / No Index : Yes / No vsm To 1.The Tahsildar, Thovalai Taluk, (Sitting at Boothapandy) Kanyakumari District.

2.The Block Development Officer, Boothapandi Union, Thovalai Taluk, Kanyakumari District.

M.S.RAMESH, J.

and B.PUGALENDHI, J.

vsm 01.09.2023