Madras High CourtCONT P(MD)/770/2025closed

Roja Nagar Area Peoples v. S.Visakan

2025-03-18Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice M.Jothiraman4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Cont.P(MD)No.770 of 2025 in W.P(MD)No.15722 of 2016 Roja Nagar Area Peoples, Represented by I.Paulpandi, S/o.Irulayee, Roja Nagar, Madakulam, Madurai City.

... Petitioner/ Petitioner Vs.

S.Visakan, Commissioner, Madurai Corporation, Madurai City.

... Contemnor/ 2nd Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the Contemnor / Respondent for committing Comtempt of Court for willful disobedience of the order of this Court in W.P(MD)No. 1/4

15722 of 2016 dated 08.09.2017 and to direct the respondent to pay exemplary costs for such disobedience.

For Petitioner : Mr.Ravindran Venkatachalapathy For Respondent : Mr.S.Vinayak Standing Counsel

ORDER

(Judgment of the Court was made by G.R.Swaminathan J.) Heard the learned counsel appearing for the petitioner and the learned Standing Counsel appearing for Madurai Corporation. 2.The petitioner association obtained a direction for removal of encroachment vide order dated 08.09.2017 in W.P(MD)No.15722 of 2016. Contending that the direction given by the Court has not been complied with, this Contempt Petition came to be filed. 3.The learned Standing Counsel submitted that as early as on 14.12.2017, the petitioner has been informed that the subject property is 2/4

a private property and that therefore the Corporation cannot remove the so called encroachment.

4.The learned counsel for the petitioner states that this communication was never served on the petitioner. We grant liberty to the petitioner to challenge the said communication in the manner known to law.

5.With the aforesaid liberty, this Contempt Petition is closed. [G.R.S., J.] [M.J.R., J.] 18.03.2025 Index : Yes/No Internet : Yes/No NCC : Yes/No MGA To The Commissioner, Madurai Corporation, Madurai City.

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G.R.SWAMINATHAN,J.

AND M.JOTHIRAMAN, J.

MGA in W.P.(MD)No.15722 of 2016 18.03.2025 4/4