[Order of the Court was made by A.SELVAM, J.] This Contempt Petition has been filed praying to punish the contemnor since she failed to obey the order passed in W.P(MD)No.5052 of 2013 dated 07.08.2014 by this Court.
2.It is averred in the petition that the petitioner has filed W.P(MD)No.5052 of 2013 on the file of this Court praying to remove encroachments, wherein the third respondent viz., concerned Tahsildar has been directed to remove encroachments. Since the third respondent/contemnor has not obeyed the order passed by this Court, the present petition has been filed for getting the relief sought therein.
3.The learned counsel appearing for the petitioner has advanced his argument on the basis of averments made in the petition.
4.The learned Special Government Pleader appearing for the contemnor has contended to the effect that in pursuance of the order passed in W.P(MD)No.5052 of 2013, a notice to the encroacher has been issued and the same has been challenged by way of filing W.P(MD)No.7268 of 2015.
5.Considering the fact that as per order passed by this Court, notice has been issued to the encroacher and subsequently filed W.P(MD)No.7268 of 2015, this Court is of the view that absolutely there is no willful disobedience of the order passed by this Court on the part of the contemnor and therefore the present contempt petition deserves to be dismissed.
6.In fine, this contempt petition is dismissed. No costs.
To The Tahsildar, Elayankudi Taluk, Elayankudi, Sivagangai District.
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