M.Paul Raj v. Raja

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Paul Raj ... Petitioner Vs.

Mr.Raja, Assistant Executive Engineer, Highways Construction and Maintenance, Uthamapalayam, Theni District.

...Respondent

PRAYER: Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the contemnor/4th respondent for the deliberate and willful disobedience of the order dated 08.02.2023 passed by this Court in W.P(MD)28743 of 2022. For Petitioner : Mr.S.Mohamed Suhail for M/s.Ajmal Associates For Respondent : Mr.S.Kameswaran Government Advocate 1/4

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) This contempt petition has been instituted to punish the respondent for his willful disobedience of the order of this Court dated 08.02.2023 in W.P. (MD)No. 28743 of 2022.

2.The learned Government Advocate appearing on behalf of the respondent relying upon the compliance report filed by the contemnor, made a submission that the encroachment in entirety has been removed. For proper appreciation the relevant portions of the compliance report read as follows: "14.In obedience to the order of this Hon'ble Court, pre-eviction notice was issued to all the encroachers dated 01.11.2023, in which the encroachers were asked to remove the encroachments within 7 days. Subsequently, the jurisdictional Tahsildar was requested to perform the survey and demarcation exercise for the second time after their 1st survey report vide Form 1 dated 20.09.2022 as stated above and now the request was sent vide Na. Ka. No.9/2023/Al dated 02.11.2023 and the TNEB was requested to disconnect the electricity connections to ease the exercise of encroachments removal.

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15.Finally with the co-operation from all the departments, the entire encroachments as marked by the revenue authorities vide their reports were removed on 15.11.2023 in line with the revenue reports and the order of this Court was duly complied with."

3.In view of the compliance report filed by the contemnor, this contempt petition stands closed.

(S.M.S., J.) & (L.V.G., J.) 21.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No ta To Mr.Raja, Assistant Executive Engineer, Highways Construction and Maintenance, Uthamapalayam, Theni District.

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S.M.SUBRAMANIAM, J.

AND L.VICTORIA GOWRI, J.

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