Madras High CourtCONT P(MD)/1662/2019disposed of

Easaiya, v. Dr.T.G.Vinay,

2019-11-19Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

Cont.P(MD)No.1662 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI Cont.P(MD)No.1662 of 2019 in WP(MD).No.9692 of 2019 Easaiya ... Petitioner/Petitioner Vs.

Dr.T.G.Vinay, The District Collector, Collectorate Building, Dindigul District. ... Contemnor/1st respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for his deliberate and willful disobedience of the order of this Court made in W.P(MD)No.9692 of 2019 dated 24.04.2019.

Prayer in WP(MD). 9692/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 1st respondent to consider the representation dated 25/03/2019 to remove of unauthorized construction which is Established by the 3rd and 4th respondent at survey No.391 in K.C.Patti village Kuppammal Po, Kodaikanal taluk Dindigul District . For Petitioner : Mr.S.Moorthy For Respondent : Mr.A.K.Baskarapandian, Special Government Pleader

ORDER

[Order of this Court was made by T.S.SIVAGNANAM, J.] Heard Mr.S.Moorthy, learned counsel for the petitioner and Mr.A.K.Baskarapandian, learned Special Government Pleader for the respondent.

2. This contempt petition is filed alleging willful disobedience of the order and directions issued in the writ https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P(MD)No.1662 of 2019 petition.

3. We find that the learned Writ Court has not issued any positive direction, but, directed the authorities to follow due process. We further find that the respondents 2 and 3 in the writ petition, who are said to be the alleged encroachers were not issued with notices when the writ petition was disposed of.

4. At this juncture, we cannot initiate contempt proceedings against the respondent. However, the District Collector, Dindigul District is directed to be comply with the directions issued by this Court, within a reasonable time not later than twelve weeks from the date of receipt of a copy of this order.

5. In the result, this contempt petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) pm To Dr.T.G.Vinay, The District Collector, Collectorate Building, Dindigul District.

+1 CC to M/s.SPL GP ( SR-99994[F] dated 20/11/2019 ) +1 CC to M/s.S. MOORTHY, Advocate ( SR-100118[F] dated 21/11/2019 ) ORDER MADE IN Cont.P(MD)No.1662 of 2019 19.11.2019 JMN(05.12.2019) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2