Contempt Petition No.294 of 2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE M.DURAISWAMY

AND

THE HON'BLE MRS.JUSTICE R.HEMALATHA

Contempt Petition No.294 of 2021

Kavitha,

Thanda Fourt Roads,

Singiripatti Village,

Kolathur, Mettur Taluk,

Salem District

... Petitioner

Vs.

1.Ms.Kothai,

Assistant Divisional Engineer (Highways) C & M,

Tamil Nadu State Highways Department,

Mettur, Salem District.

2.Sathyamoorthy,

Junior Engineer (Highways) C & M,

Tamil Nadu State Highways Department,

Mettur, Salem District.

... Respondents

Contempt Petition filed under Section 11 of Contempt of Courts Act

to punish the respondents for the willful disobedience of the orders of this

Court passed in W.P.No.18127 of 2020 dated 07.12.2020.

For Petitioner

: Mr.V.Elangovan

For Respondents

: Mr.M.Venkateswaran,

Government Advocate

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Contempt Petition No.294 of 2021

O R D E R

(Order of the Court made by M.DURAISWAMY, J.)

The Hon'ble Division Bench of this Court, while disposing of the Writ

Petition in W.P.No.18127 of 2020 by order dated 07.12.2020, gave liberty to

the petitioner to submit a detailed representation, by enclosing relevant and

authenticated documents to the 2^nd respondent within a period of two weeks

from the date of receipt of the copy of the order and upon receipt of the

same, the 2^nd respondent was directed to consider the said representation on

merits and in accordance with law and also in the light of the provisions of

the Highways Act and pass appropriate orders within a further period of

three weeks thereafter and communicate the decision taken to the petitioner

and till such time, directed the 2^nd respondent to defer further decision in

terms of the impugned notice dated 15.10.2020. The Hon'ble Division Bench

also made it clear that the petitioner, till the disposal of the representation by

the 2^nd respondent, shall not create any third party rights in respect of the

land and superstructure in question.

2.Mr.V.Elangovan, learned counsel for the petitioner submitted that

in disobedience of the order of the Hon'ble Division Bench of this Court,

dated 07.12.2020, the 1^st respondent viz., Assistant Divisional Engineer

(Highways) C & M, in the Contempt Petition, had demolished the

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Contempt Petition No.294 of 2021

superstructure on 30.12.2020 itself. The learned counsel also submitted that

the copy of the order dated 07.12.2020 made in W.P.No.18127 of 2020 was

made ready on 06.01.2021 and the same was received by the petitioner on

25.01.2021, hence, the petitioner had time till 20.01.2021 to submit her

representation to the 2^nd respondent.

3.The 1^st respondent contended that she received the web-copy of the

order passed in W.P.No.18197 of 2020 on 14.12.2020 itself, therefore, after

issuing notice to the Writ Petitioner, she demolished the superstructure on

30.12.2020.

4.Pursuant to the orders of this Court dated 13.07.2021, the

respondents in the Contempt Petition viz., Ms.Kothai, Assistant Divisional

Engineer (Highways), C & M, Tamil Nadu State Highways Department,

Mettur, Salem District and Mr.Sathyamoorthy, Junior Engineer (Highways)

C & M, Tamil Nadu State Highways Department, Mettur, Salem District

were present before this Court and the 1^st respondent viz., Ms.Kothai,

submitted that she had demolished the superstructure on 30.12.2020 by

mistake, taking into consideration the receipt of the web-copy of the order

on 14.12.2020 passed in the Writ Petition. She has also stated that her

superiors had given instructions to demolish the building on 30.12.2020.

5.At the time of hearing the Contempt Petition on 20.07.2021,

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Contempt Petition No.294 of 2021

Ms.Kothai, the 1^st respondent in the Contempt Petition, submitted that