KAVITHA Vs. KOTHAI

JUDGEMENT

(1.) The Hon'ble Division Bench of this Court, while disposing of the Writ Petition in W.P.No.18127 of 2020 by order dtd. 7/12/2020, gave liberty to the petitioner to submit a detailed representation, by enclosing relevant and authenticated documents to the 2nd 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 2nd respondent to defer further decision in terms of the impugned notice dtd. 15/10/2020. The Hon'ble Division Bench also made it clear that the petitioner, till the disposal of the representation by the 2nd 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, dtd. 7/12/2020, the 1st respondent viz., Assistant Divisional Engineer (Highways) C & M, in the Contempt Petition, had demolished the superstructure on 30/12/2020 itself. The learned counsel also submitted that the copy of the order dtd. 7/12/2020 made in W.P.No.18127 of 2020 was made ready on 6/1/2021 and the same was received by the petitioner on 25/1/2021, hence, the petitioner had time till 20/1/2021 to submit her representation to the 2nd respondent.

(3.) The 1st 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.