D.Selvajothi v. K. Senthil Raj, I.A.S.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN D.Selvajothi ... Petitioner Vs.

1.K.Senthil Raj, I.A.S., District Collector, Thoothukudi District, Thoothukudi.

2.Mr.C. Dinesh Kumar I.A.S., Commissioner of Corporaion, Thoothukudi Corporation, Thoothukudi.

...Respondents

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Contemnors/Respondnets 1 and 2 herein for willful disobedience of the order dated 15.11.2022 passed in Writ Petition in W.P.(MD). No. 1781 of 2022.

For Petitioner : Mr.J.David Ganesan 1/4

For Respondent : Mr.T.Amjadkhan Government Advocate For R2 : Mr.N.Anandkumar

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) This contempt petition has been filed against the order dated 15.11.2022 passed in W.P.(MD)No.1781 of 2022.

2.The learned Government Advocate appearing on behalf of the respondents made a submission that the District Collector issuesd a patta in respect of the lands possessed by the alleged encroachers and the therefore, they cannot be considered as encroachers for the purpose of evicting them. 3.The learned counsel for the petitioner raised an objection that there are certain irregularities.

4.This Court is of the view that such disputed facts cannot be adjudicated in a contempt proceedings. If there are any such irregularities, the petitioner is at liberty to approach the competent civil Court. 2/4

5.In view of the above, this Contempt Petition is closed. (S.M.S., J.) & (V.L.N., J.) 06.12.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No ta To 1.The District Collector, Thoothukudi District, Thoothukudi.

2.The Commissioner of Corporaion, Thoothukudi Corporation, Thoothukudi.

3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

ta 06.12.2023 4/4