V.Duraiarasan v. Suresh Frederick Clement

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH and THE HONOURABLE MRS.JUSTICE R.THARANI in W.P(MD)No.8213 of 2018 Mr.V.Duraiarasan ... Petitioner/Petitioner Vs.

Thiru.Suresh Frederick Clement, The Tahsildar, Madurai North Taluk, Madurai District. ... Respondent/Contemnor PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for disobeying the order of this Court, dated 20.11.2018 passed in W.P(MD)No.8213 of 2018. For petitioner : Mr.A.R.Kannappan For Respondent : Mr.D.Sasikumar, Additional Government Pleader

ORDER

******** (Order of the Court was made by M.S.RAMESH, J. The order passed by a coordinate Bench, dated 20.11.2018, passed in W.P(MD)No.8213 of 2018, was to consider the petitioner's representation seeking for removal of encroachments in the common pathway, after giving opportunity to the petitioner and to pass orders in accordance with law.

2. Today, when the matter was called, the learned Additional Government Prosecutor, on instructions, submitted that after giving due opportunity to the petitioner herein, his representation was considered and it was found that there were no encroachments in the subject lands and therefore, his representation was rejected on 14.08.2020.

3. In view of the same, we are of the view that the disobedience alleged by the petitioner, cannot be termed to be willful in nature.

4. In case, the petitioner is aggrieved against the order of rejection, liberty is hereby granted to him to work out his remedy in the manner known to law. With such liberty, this Contempt Petition stands closed.

[M.S.R.,J.] & [R.T.,J.] 23.11.2022 Internet : Yes/No pm To:

The Tahsildar, Madurai North Taluk, Madurai District.

M.S.RAMESH, J.

AND R.THARANI, J.

pm ORDER MADE IN Cont.P(MD)No.

23.11.2022