Contempt petition over non-compliance with a writ order concerning structures erected on park land. After most offending structures were removed and authorities undertook to remove an overhead tank within a year, the court closed the contempt petition with liberty to reopen if the tank is not removed.
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Cont.P.(MD) No.877 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Cont.P.(MD) No.877 of 2023 and
W.P.(MD)No.25969 of 2022
B.Shanthi ... Petitioner
-vs-
S.R.Ramesh, Tahsildar, Thiruvarumbur Taluk, Tiruchirappalli – 620013. ... Contemnor/4th Respondent
PRAYER: Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the Contemnor/4th respondent herein for his wilful disobedience of the order in W.P.(MD)No.25969 of 2022, dated 01.12.2022, on the file of this Court.
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Cont.P.(MD) No.877 of 2023
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
Subsequent to our order dated 18.10.2024, the offending structures
erected in the area classified as park except one overhead tank, has been removed. The same is recorded.
2.Mr.Baskar, learned Additional Advocate General upon instructions would submit that the authorities need atleast a year time to remove the overhead tank also.
3.Recording the said submission, the Contempt Petition is closed. The petitioner will be at liberty to seek reopening of the Contempt, if overhead tank is not removed within a year from today. It is made clear that the authorities will maintain the area as a park with facilities for the public to access, not less than 10 feet atleast in two places around the park and children's playground in future. They will ensure that there is no encroachment or construction either by the Government or its organs or by private parties in the land in question. No Costs.
[R.S.M., J.] [L.V.G., J.] 23.10.2024
NCC : Yes/No Index : Yes/No Internet : Yes Mrn
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https://www.mhc.tn.gov.in/judis ______________
Cont.P.(MD) No.877 of 2023
To
The Tahsildar, Thiruvarumbur Taluk, Tiruchirappalli – 620013.
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Cont.P.(MD) No.877 of 2023
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
Mrn
Cont.P.(MD) No.877 of 2023
23.10.2024
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1 issue framed by the court
Should the Tahsildar be punished for wilful disobedience of the order in W.P.(MD)No.25969 of 2022 regarding removal of structures on park-classified land?
1 provisions across 1 enactments
B.Shanthi
S.R.Ramesh, Tahsildar, Thiruvarumbur Taluk, Tiruchirappalli – 620013
R.Subramanian
L.Victoria Gowri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
