R. SANTHAMANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE present Contempt petition is filed by the writ petitioners in W.P.No.8367/2011, which was filed as a Public Interest Litigation for issue of writ of Mandamus to direct the respondents viz., Government of Tamil Nadu, District Collector, Kancheepuram, Tahsildar, Tambaram, Commissioner of Tambaram Municipality, District Revenue Divisional Officer, Kancheepuram to maintain and keep Survey Nos.145, 146/7 and 164 as a Pond (Water Reservoir) situated in Selaiyur Village, Tambaram Taluk, Kanchipuram District as before and consequently, prevent the encroachers from encroaching upon a pond and to remove the encroachments as per order No.Na.Ka.8546 of 2009/A5 dated 30.09.2009, communicated by the Tahsildar to the Commissioner, Tambaram Municipality.

(2.) WHEN the writ petition was taken up for hearing, admittedly, there was no appearance on the side of the petitioner. However, on going through the counter affidavit filed, this Court gave a direction to respondents 2 to 4 to jointly take all the steps and assist the concerned respondents to remove encroachments from the water body, after giving due notice to the encroachers. The said order was passed on 01.08.2011.

(3.) THE allegation in the contempt petition is that the respondents have not taken any credible steps whatsoever, to enforce and comply with the order of this Court and thus, the respondents have disobeyed the order passed by this Court. This has given rise to the Writ Petitioner filing this petition under Contempt of Courts Act.