This contempt petition alleged wilful disobedience of a previous order directing the Corporation to allot land. The Court found no disobedience as the proposal was received late due to acquisition difficulties and closed the petition.
The contempt petition was closed; no punishment was imposed on the respondents.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cont.P.(MD) No.1166 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY
Cont.P.(MD) No.1166 of 2019 in W.P.(MD) No.23739 of 2018
Malaichamy
... Petitioner/Petitioner
-vs-
1.Mr.Nagarajan, I.A.S.,
The District Collector, Madurai District,
Madurai – 625 020.
2.Mr.Jeevanandham,
The Tahsildar,
Melur Taluk, Melur,
Madurai District.
3.Mr.Sankar Kailasam,
The Semminipatty Panchayat,
Rep. by its Special Officer/President, Semminipatty, Melur Taluk,
Madurai District.
4.D.Suresh Christopher,
The Joint Director of Animal Husbandry,
Dr.Thangaraj Salai,
Near Gandhi Museum, Madurai – 625 020. ... Contemnors/Respondents
PRAYER: Petition filed under Section 11 of Contempt of Courts Act, 1971, praying to punish the respondents for their wilful, deliberate, disobedience of the order of this Hon'ble Court made in W.P.(MD) No.23739 of 2018 dated 07.12.2018.
Prayer in WP(MD). 23739/ 2018 :
Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the 1st respondent to consider the Resolution dated 24.05.2018 passed by the 3rd respondent and the representation dated 18.06.2018 of the Petitioner-Public and allot 40 cents of vacant site in the Govt. https://hcservices.ecourts.gov.in/hcservices/
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Cont.P.(MD) No.1166 of 2019
Poramboke land in survey No.38 in Muthusamypatti North Street Muthusamypatti to Sri Vinaitheerkkum Vinayagar Thirukoil to use for religious and public purposes and permanently forbear the 4th respondent or his men or agents or contractors from taking up any construction work or veterinary hospital in the said 40 cents of vacant site in Survey No.38 in Muthusamypatti North Street, Muthusamypatti, Melur Taluk, Madurai District within a time limit to be fixed by this Court.
For Petitioner : No appearance
For Respondents : Mr.A.K.Baskarapandian Special Government Pleader
O R D E R
[Order of the Court was made by T.S.SIVAGNANAM, J.]
This Contempt Petition has been filed alleging disobedience of the order passed in W.P.(MD) No.23739 of 2018 dated 07.12.2018, whereby, the Court directed the third respondent Executive Officer/Special Officer, Semminipatty Panchayat to make a formal application to the District Collector, Madurai for allotment of land in the village for the purpose of constructing a community hall and also made certain observations so that the application can be considered favourably.
2.Mr.A.K.Baskarapandian, learned Special Government Pleader, who accepts notice on behalf of the respondents submitted that the proposal has been received from the Block Development Officer only on 20.08.2019. Further, it is submitted that the District Administration will face one more difficulty in respect of the acquisition of the land, for which, necessary steps have been taken and also an opinion has been sought for as to whether any review application has to be filed.
3.Considering the above submission, this Court is of the view that there is no wilful disobedience of the order or direction of the Court. Therefore, the petitioner has to wait for some more time and await the out come of the proceedings by the official machinery.
4.With the above observations, the Contempt Petition is closed.
// True Copy //
Sub Assistant Registrar
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Cont.P.(MD) No.1166 of 2019
To
1.Mr.Nagarajan, I.A.S., The District Collector, Madurai District, Madurai – 625 020.
2.Mr.Jeevanandham, The Tahsildar, Melur Taluk, Melur, Madurai District.
3.Mr.Sankar Kailasam, The Semminipatty Panchayat, Rep. by its Special Officer/President, Semminipatty, Melur Taluk, Madurai District.
4.D.Suresh Christopher, The Joint Director of Animal Husbandry, Dr.Thangaraj Salai, Near Gandhi Museum, Madurai – 625 020.
+1 CC to M/s.GP ( SR-86288[F] dated 12/09/2019 )
Cont.P.(MD) No.1166 of 2019 in W.P.(MD) No.23739 of 2018 10.09.2019
SJ
MS/01.10.2019/3P.6C
3/3
1 issue framed by the court
Whether the failure of the District Collector to allot land constitutes wilful disobedience of a court order.
2 provisions across 2 enactments
Malaichamy
Mr.Nagarajan
Mr.Jeevanandham
Mr.Sankar Kailasam
D.Suresh Christopher
T.S.Sivagnanam
Krishnan Ramasamy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
