R.Amirthalingam v. P.Sivasamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 21.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)No.906 of 2016 in W.P(MD)No.19784 of 2015 R.Amirthalingam ... Petitioner/Petitioner Vs.

1.P.Sivasamy, The Tahsildar, Karur Taluk, Karur District.

2.R.Sakthivel, The Tahsildar, Karur Taluk & District, Karur.

3.Ashok Kumar, The Commissioner, Karur Municipality, Karur.

4.Raja Sekaran, The District Superintendent of Police, Karur District, Karur.

.... Respondents/Respondents (R2 to R4 impleaded as respondents 2 to 4 in Cont.P(MD)No.906/2016 as per Order of this Court dated 30.08.2017 made in Sub A(MD) 186/2017) PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act 1971 to punish the respondent for the deliberate and willful disobedience of the order passed by this Court in W.P(MD) No.19784 of 2015 dated 30.10.2015.

Prayer in WP(MD). 19784/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue an order or orders or directions or writs in the nature of Writ of Mandamus directing the respondents 1 to 4 to remove the encroachments including illegal construction of house caused by the respondents 5 and 6 in the Karur Retai Vaikkal in Survey No.1714 and 347 and at 40 feet road in Survey No.1713, as per the order passed by this Hon ble Court in W.P.(MD). No.8505 of 2006 dated 06.11.2006 within

a time frame fixed by this Honble Court on the basis of the representation of the petitioner dated 15.09.2015. For petitioner : Mr.B.Saravanan For R1, R2 & R4 : Mr.M.Govindan, Special Government Pleader For R3 : Mr.D.Raghu

O R D E R

[Order of the Court was made by K.K.SASIDHARAN,J.] The affidavit filed by the second respondent indicates that action has already been taken for cancellation of patta given to the encroachers.

2.In view of the action taken by the second respondent, we are of the view that no further adjudication is necessary in this Contempt Petition. We hope that the second respondent would complete the process as expeditiously as possible and in any case within a period of three months from today.

3.This Contempt Petition is closed with the above direction. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To +1cc to M/S.J.SENTHIL KUMARAIAH, Advocate SR.No.80569 +1cc to M/S.B.SARAVANAN, Advocate SR.No.80416 +1cc to Special Government Pleader, SR.No. 80895 sss/ns MAS/SKN-RSK/SAR2:20.10.2017:2P-4C Cont.P.(MD)No.906 of 2016 21.09.2017