G.Balakrishnan, v. Mr.Sajajansingh R.Chavan,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2016
CORAM:
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU and THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN Cont.P(MD)No.1190 of 2016 G.Balakrishnan .. Petitioner Vs.
1. Sajajansingh R.Chavan the District Collector Kanyakumari District @ Nagercoil,
2. M.Kalaipandi The Assistant Director, (Panchayats) Collectorate Compound,
3. S.Ilangovan The District Revenue Officer, District Revenue Office, Nagercoil,
4. Sileka Singh The Revenue Divisional Officer, Revenue Divisional Office, Padmanabhapuram,
5. G.Dharmarajan The Superintendent of Police, Kanyakumari District @ Nagercoil Nagercoil, Kanyakumari District .. Respondents Contempt Petition is filed under Section 11 of the Contempt of Courts Act to punish the contemnors for their wilful and wanton disobedience to the orders of this Court passed in W.P.(MD) No.4126/2013 dated 17.08.2015 and direct them to obey the order passed by this Court.
Prayer in WP(MD). 4126/ 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus, directing the respondents 1 to 6 herein to consider and dispose of the petitioners representation dated 23.2.2013 to protect the Kaliyangottu Kulam in RS No.53/6 situated at Veeyanoor Village, Kalkulam Taluk, Kanyakumari District, within the time stipulated by this Honble Court.
For Petitioner : Mr.H.Thayumanaswamy For Respondents : Mr.M.Govindan Spl. Government Pleader
ORDER
(Order of the Court was made by S.NAGAMUTHU, J.) This contempt petition has been filed alleging that the order of this Court in W.P.(MD) No.4126 of 2013 dated 17.08.2015 has not been complied with. The said order was a direction to the competent authority, namely, the Tahsildar to consider the representation of the petitioner for removal of encroachment.
2. According to the petitioner, a representation was made to the Tahsildar, as directed by this Court, but no action was taken by the Tahsildar. If that be so, this contempt petition could have been initiated only against the Tahsildar, who, according to the petitioner, failed to comply with the order. But the petitioner has filed the contempt petition against all the officials, without impleading the competent authority. Therefore, the contempt petition is dismissed.
Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To
1. Sajajansingh R.Chavan the District Collector Kanyakumari District @ Nagercoil,
2. M.Kalaipandi The Assistant Director, (Panchayats) Collectorate Compound,
3. S.Ilangovan The District Revenue Officer, District Revenue Office, Nagercoil,
4. Sileka Singh The Revenue Divisional Officer, Revenue Divisional Office, Padmanabhapuram,
5. G.Dharmarajan The Superintendent of Police, Kanyakumari District @ Nagercoil + 1 CC TO Mr.H.THAYUMANASWAMY, ADVOCATE IN SR No. 55956 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 56410 RR TE/SS-2 : 24/10/2016 : 3P/8C ORDER MADE IN Cont.P(MD)No.1190 of 2016 26.09.2016