Madras High CourtSUB A(MD)/336/2024closed

Sebastin Princess v. Dr. K.P.Karthikeyan I.A.S.,

2025-01-08Honourable Mr Justice Rmt. Teekaa Raman,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.01.2025

CORAM

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR in Cont.P.(MD).No.195 of 2024 Sebastin Princess ... Petitioner in both Sub Applications -vs1. Dr.K.P.Karthikeyan, I.A.S, The District Collector / Inspector of Panchayat, Tirunelveli District, Tirunelveli.

2. Mrs.Florence Vimala, The Special Officer / Block Development Officer, Radhapuram Block Panchayat, South Kallikulam Village Panchayat, South Kallikulam and Post, Radhapuram Taluk, Tirunelveli District.

... Respondents in both Sub Applications Prayer in Sub.Appln(MD).No.336 of 2024: This petition filed under Section 151 of the Code of Civil Procedure, to recall the order dated 11.03.2024 in Cont.P.(MD).No.195 of 2024 and reopen the contempt petition.

Prayer in Sub.Appln(MD).No.337 of 2024: This petition filed under Section 151 of the Code of Civil Procedure, to substitute the name of Mr.J.Augustus Alex, the Special Officer/Block Development Officer, Radhapuram Block Panchayat, South Kallikulam Village Panchayat, South Kallikullam and Post, Radhapuram Taluk, Tirunelveli District in the place of the 2nd Respondent. For Petitioner : Mr.M.V.Athi Seshan (in both Sub Applications) For Respondents : Mr.G.Suriya Ananth Additional Government Pleader (in both Sub Applications) COMMON ORDER (Order of the Court was made by the Hon'ble Rmt.Teekaa Raman J.) These two sub applications have been filed to reopen and to substitute the name in the Contempt Petition.

2. The operative portion of the order passed by the Hon'ble Division Bench of this Court on 11.03.2024 in Cont.P.(MD).No.195 of 2024 reads as under:- "2. Today, when the matter is taken up for hearing, the learned Government Advocate appearing for the respondents has made a submission that the respondents initiated action by issuing necessary notice to the encroachers on 15.02.2024 and the building in question is

now under the lock and seal. In the meantime, the building owner filed a Writ Petition before this Court, wherein this Court directed the building owner to approach the Town and Country Planning Authority to seek further remedy. Pursuant to the same, the building owner approached the 1st respondent seeking regularization and the same is pending. Therefore, there is no willful disobedience as alleged by the petitioner."

3. After perusing the operative portion of the above said order dated 11.03.2024 which is self-explanatory and hence, we do not find any reason to allow these applications. Therefore, these Sub Applications stands closed. [T.K.R., J.] [R.V., J.] 08.01.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm

RMT.TEEKAA RAMAN, J.

and R.VIJAYAKUMAR, J.

rgm in Cont.P.(MD).No.195 of 2024 08.01.2025