Madras High CourtCONT P(MD)/1744/2019closed

S.Vijayalakshmi v. Anandaraj

2022-11-23Honourable Mr Justice M.S. Ramesh,Honourable Mrs Justice R. Tharani4 pages

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.19145 of 2019 S.Vijayalakshmi ... Petitioner Vs.

1.Mr.Anandaraj, Tahsildar, Rajapalayam Taluk, Virudhunagar District.

2.Mr.Elangovan, The Executive Officer, Sethur Panchayat, Rajapalayam Taluk, Virudhunagar District. ... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for contempt of Court for willfully and wantonly disobeyed the orders passed by this Court in W.P(MD)No.19145 of 2019, dated 04.09.2019.

For petitioner : No Appearance 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 04.09.2019, passed in W.P(MD)No.19145 of 2019, was to consider the petitioner's representation seeking for removal of encroachments, after giving opportunity to the petitioner and to pass orders in accordance with law.

2. Today, when the matter was called, there was no representation for the petitioner.

3. The learned Additional Government Prosecutor, on instructions, submitted that after giving due opportunity to the petitioner herein, her representation was considered and it was found

that there were no encroachments in the subject lands and therefore, her representation was rejected on 31.10.2022.

4. 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.

5. In case, the petitioner is aggrieved against the order of rejection, liberty is hereby granted to her to work out her 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:

1.The Tahsildar, Rajapalayam Taluk, Virudhunagar District.

2.The Executive Officer, Sethur Panchayat, Rajapalayam Taluk, Virudhunagar District.

M.S.RAMESH, J.

AND R.THARANI, J.

pm ORDER MADE IN Cont.P(MD)No.1744 of 2019 23.11.2022