M.Annarasu, v. Mr.K.Rajamani, I.A.S.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :08.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY in W.P(MD)No.1639 of 2018 M.Annarasu ... Petitioner/Petitioner Vs.

1.Mr.K.Rajamani I.A.S., The District Collector, Trichy.

2.Mr.A.Ravichandran, The Revenue Divisional Officer, Musiri, Trichy District.

3.Mr.M.Senthil Kumar, The Block Development Officer, Thottiyam Taluk, Trichy District. ... Contemnors/Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to issue notice of contempt to the contemnors herein and punish them for committing contempt and gross disobedience of the orders of this Court in W.P(MD)No.1639 of 2018 dated 16.04.2018. For Petitioner :Mr.N.Karthik Kanna For Respondents :Mr.P.Thilak Kumar, Government Pleader 1/5

ORDER

(Order of the Court was made by S.S.SUNDAR, J.) Alleging willful disobedience of the orders of this Court made in W.P(MD)No.1639 of 2018, dated 16.04.2018, the petitioner has filed this contempt petition.

2. The petitioner has earlier filed a writ petition in W.P(MD)No.1639 of 2018 seeking for issuance of a Writ of Mandamus directing the respondents to initiate appropriate proceeding to lay down proper widened road for Sukkampatti Village, Ward No.5, Arasalur Panchayat, Thottiyam Taluk, Trichy District, within a stipulated time.

3. When the writ petition was pending, a status report was filed by the Chief Secretary to Government of Tamil Nadu, informing that a total extent of 1.09 acres is required for widening the existing pathway. After extracting the relevant portion of the said status report, this Court has closed the writ petition as necessary action has been taken to redress the grievances of the petitioner. 2/5

4. Alleging willful disobedience of the order passed in the said writ petition, the petitioner has filed the present Contempt Petition. However, this Court does not find any positive direction by this Court to the respondents. Therefore, in the absence of any positive direction against any of the respondents, the status report filed before this Court cannot give rise to a cause of action to the petitioner to prosecute the respondents for contempt.

5. In the said circumstances, this Court is unable to find any merit in this contempt petition as there is no willful disobedience of the orders passed by this Court dated 16.04.2018 in W.P(MD)No.1639 of 2018. Therefore, this Contempt Petition is closed. However, it is open to the petitioner to pursue the respondents for getting a wide road or for any improvement, which is purely in the interest of villagers.

[S.S.S.R., J.] [D.B.C., J.] 08.08.2023 Index : Yes / No NCC : Yes/No pm 3/5

To 1.Mr.K.Rajamani I.A.S., The District Collector, Trichy.

2.Mr.A.Ravichandran, The Revenue Divisional Officer, Musiri, Trichy District.

3.Mr.M.Senthil Kumar, The Block Development Officer, Thottiyam Taluk, Trichy District.

4/5

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY , J.

pm 08.08.2023 5/5