R.SATHYAVEL Vs. KANNIAMMAL

JUDGEMENT

(1.) This contempt petition is filed by the petitioner seeking to punish the respondents for willfully disobeying the order passed by this court in W.P. No. 12960 of 2007 dated 3.9.2007. By the aforesaid order, this court held as follows:

(2.) It is seen from the records that the petitioner originally filed W.P. No. 12797 of 2000 seeking to restrain the respondents from forcibly evicting the petitioner from the work of baking of MUD pots and residence in S. No. 48/1 in Machanur village, Katpadi Taluk. It was found that the petitioner had encroached the said land and put up the construction. In the counter affidavit filed in that writ petition, it was stated that the petitioner will be evicted in accordance with law. The writ petition was dismissed. Thereafter, the petitioner preferred another writ petition in W.P. No. 39894 of 2002 against the Tahsildar, Katpadi, seeking to challenge the notice dated 14.10.2002, wherein and by which he was given notice under the Land Encroachment Act. This Court held that the petitioner was only asked to vacate the house and his right to remove clay from the land had not been interfered with. Hence the writ petition was dismissed. The petitioner preferred a writ appeal in W.A. No. 3756 of 2002 before the division bench. The division bench, by an order dated 13.12.2002 had dismissed the writ appeal and in paragraph 2, it was stated as follows:

(3.) In the meanwhile, since the land was found to be in Kuttai Poramboke, which is a water body, the panchayat under the "Anna Marumalarchi Scheme" had decided to carry on removal of silt in the land at the cost of Rs. 3 lakhs and a tender was issued. It was at this stage, the petitioner filed the third writ petition in W.P. No. 12960 of 2007 and an order dated 3.9.2007 was passed.