M.Jothi v. Sundarambal

O R D E R [Order of the Court was made by R.SUBRAMANIAN, J.] Heard Mr.K.Chengiz Khan, learned counsel appearing for the petitioner and Mr.N.Dilip Kumar, learned counsel appearing for the respondent.

¶2The contemnor – S.Parthasarathy is also present in Court.

¶3From the compliance report and the typed set of papers filed by the respondent – Municipality, it is seen that 6 ½ feet out of 10 feet of land that was claimed to be a street by the petitioner was declared to belong to Sankarammal by a competent Civil Court and the said declaration was confirmed by this Court.

¶4The Municipality has filed a status report as well as plans showing that the remaining four feet of land is available without any encroachment. Hence, we find that the order of this Court dated 25.06.2021 passed in W.P.(MD) No.10615 of 2021 has been complied with in its letter and and spirit. We, therefore, see no reason to keep this contempt petition pending. Hence, this contempt petition is dismissed.

¶5The contemnor is discharged from the contempt proceedings.

[R.S.M., J.] [L.V.G., J.]

07.06.2023 NCC : Index : Internet :

krk R.SUBRAMANIAN , J . and L.VICTORIA GOWRI , J . krk in W.P.(MD) No.10615 of 2021

07.06.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.06.2023 CORAM: THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in W.P.(MD) No.10615 of 2021 M.Jothi ... Petitioner -vs- Sundarambal Commissioner Rajapalayam Municipality Rajapalayam, Virudhunagar District ... Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act praying to punish the respondent for the willful disobedience of the order passed by this Court in W.P.(MD) No.10615 of 2021, dated 25.06.2021. For Petitioner : Mr.K.Chengiz Khan For Respondent : Mr.N.Dilip Kumar