N.Thasaratha Perumal v. Rajaram

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2022

CORAM:

THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and Sub.Aplc(MD)Nos.80 & 81 of 2016 N.Thasaratha Perumal ... Petitioner vs.

1.Rajaram, The District Collector, Virudhunagar District, Virudhunagar.

2.Amar Kuswaha, The Sub collector / Revenue Divisional Officer, Sivakasi, 3.Annammal, The Tahsildar, Srivilliputtur Taluk, 4.Venugopal, The Inspector of Police, Crime Branch (I/C), Malli Police Station, Malli, Srivilliputtur Taluk, 1/5

5.Sivasamy, The Surveyor, Taluk Office, Srivilliputtur, ... Respondents PRAYER : Contempt Petition filed under Section 11 of Contempt of Courts Act, to initiate contempt proceedings against the contemnors/respondents and punish them for the wilful disobedience of the order passed by this Court in W.P(MD)No.20083 of 2015, dated 05.11.2015 and further direct the respondents to pay a sum of Rs.50,000/- as compensation for the loss sustained by the petitioner in the incident took place on 07.11.2015. For Petitioner : Mr.M.Jothi Basu For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by D. KRISHNAKUMAR, J.) Alleging non compliance of the order passed by this Court in W.P(MD)No.20083 of 2015, dated 05.11.2015, this Contempt Petition has been filed.

2.The petitioner has filed the said W.P(MD)No.20083 of 2015 2/5

and this Court, by order dated 05.11.2015, granted an order of interim stay. The allegation of the petitioner is that the respondents have carried out the activities of demolition on 07.11.2015. Thus, the petitioner has filed the Contempt Petition.

3.Admittedly, the copy of the order has been dispatched only on 16.11.2015. The petitioner has not placed any evidence to show that the aforesaid interim order passed by the Court has been informed to the respondent authority on or before 07.11.2015. In the absence of the said particulars placed before this Court, we are not inclined to accept the contention of the petitioner. Therefore, no contempt is made out and the respondents are discharged from the contempt proceedings. 4.In view of the above, this Contempt Petition is closed. Consequently, connected Sub Applications are closed. [D.K.K.,J.] [R.V.,J.] Index : Yes / No 15.12.2022 Internet : Yes ps 3/5

To 1.Rajaram, The District Collector, Virudhunagar District, Virudhunagar.

2.Amar Kuswaha, The Sub collector / Revenue Divisional Officer, Sivakasi, 3.Annammal, The Tahsildar, Srivilliputtur Taluk, 4.Venugopal, The Inspector of Police, Crime Branch (I/C), Malli Police Station, Malli, Srivilliputtur Taluk, 5.Sivasamy, The Surveyor, Taluk Office, Srivilliputtur, 4/5

D. KRISHNAKUMAR ,J.

and R.VIJAYAKUMAR,J.

ps ORDER MADE IN DATED : 15.12.2022 5/5