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Madras High CourtCONT P(MD)/142/2019closed

Muthukaruppa Malavara, v. S.Kaberial Charles,

2023-01-19Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2023 CORAM :

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Muthukaruppa Malavara ... Petitioner vs.

Mr.S.Kaberial Charles, Thasildar, Kulathur Taluk, Taluk Office, Kulathur, Pudukkottai District.

... Respondent PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to initiate the contempt proceedings against the contemnor/respondent and punish him for the wilful disobedience of the order of the High Court in W.P(MD)No.17461 of 2018, dated 06.08.2018.

For Petitioner : Mr.V.Selva For Respondent : Mr.P.T.Thiraviyam Government Advocate

ORDER

(Order of the Court was made by D.KRISHNAKUMAR, J.) Alleging non compliance of the order made in W.P(MD)No. 17461 of 2018, dated 06.08.2018, this contempt petition is filed. 1/4

2.

By order dated 16.12.2022, statutory notice was directed to be issued to the respondent. Pursuant thereto, today, the respondent is present before this Court and has filed a status report stating that pursuant to the order passed in the aforesaid writ petition, a survey was conducted in S.No.219/9, wherein, it was found that two persons have encroached upon the said survey number which has been classified as road. After issuing Section 7 notice to the said encroachers on 29.11.2019, entire encroachments were removed by the authority on 09.01.2023. The respondent has also tendered unconditional apology if this Court comes to the conclusion that the respondent has committed any act of contempt.

3.

Considering the fact that the entire encroachments have been removed by the authority on 09.01.2023, the contempt petition is closed. The appearance of the respondent is dispensed with. [D.K.K.,J.] & [R.V.,J.] 19.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes bala 2/4

To Mr.S.Kaberial Charles, Thasildar, Kulathur Taluk, Taluk Office, Kulathur, Pudukkottai District.

3/4

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

bala ORDER MADE IN DATED : 19.01.2023 4/4