Contempt of court against thasildhar
RAMJI
(Querist) 22 February 2020
This query is : Resolved
Background :
In one of my case on eviction of encroachments on road margin, my first representation was filed in 2018 with concerned Thasildhar under G.O nr 540 of TN govt Revenue dept. As there was no response and no action by thasildhar, I filed a writ mandamous, the High court issued mandamus directing Thasildhar to take up my representation & dispose it by following due process/laws/procedures BUT THERE WAS NO TIME FRAME GIVEN BY COURT IN ITS ORDER TO COMPLY. In this , DE (highways) was a respondent. This was ordered on 08.04.2019. subsequently, the Thasildhar conducted survey and listed the name of encroachers & extents of encroachment on said road margin survey nos ..and therein Thasildhar in turn directed the DE(highways) to remove those encroachments by issuing notices as per TN highways Act as it belongs to highways dept. Based on this, the concerned ADE (highways ) issued notices to all encroachers in Aug 2019 with 15 days notice, but none removed, encroachers went to high court and got an order for stay upto 60 days only on the humanitarian grounds by giving time for relocation /alternate accommodation, order made it clear that encroachers to identify their own alternate and vacate /handover land to highways peacefully just after 60 days otherwise highways dept can start eviction process as per law. so, during this 60 days period highways not to take any coercive action against encroachers. The said stay got expired legally on 01.12.2019. But thereafter, local body election code of conduct was imposed till 10.01.2020.Hence, from Aug to 10 Jan 2020, the highways dept did not act on it. But even after the lifting of election code of conduct and expiry of interim stay, Highways dept has not started eviction. They are delaying it for no reason in spite there is nothing barring the eviction legally as there is no appeal pending because the direction of court was issued to Thasildhar only ….and not to highways...hence they think that if any contempt case it will be against Thasildhar….But I sent reminder to Thasildhar & highways etc reminding them to comply with the direction issued originally on 08.04.2019 in my writ. There is no response to my reminder neither eviction started....with this background my queries are as below:
1. Can I file an execution petition against Thasildhar seeking for order to execute eviction with time frame...(pls note that after direction of court to thasildhar, in turn thasildhar directed ADE highways to evict & give a report) but it has not happened so far since 10 months passed from date of writ ordered... or should we file execution petition against ADE alone or both ?
2. Should I file only contempt petition against Thasildhar only ? or including ADE highways too?.. If it is contempt petition, the limitation of one year period, will it be reckoned from date of order/direction i.e 08.04.2019 or the date of contempt made...? Both officers have acted bit but not fully complied as they have not done eviction so far...( pls note that there was no time frame given for compliance in order by court .. i.e writ direction without time frame
3. If it is one year from date of contempt, can I calculate it from the date of expiry of interim stay (i.01.12.2019) or the date of lifting of election code of conduct i.e 10.01.2020?..
4. Before filing either contempt or execution petition , can I issue a legal notice to both Thasildhar & ADE highways so that we can come to know what is legally preventing them to evict?
Your expert opinions/ replies will be helpful to plan and decide accordingly
Raj Kumar Makkad
(Expert) 24 February 2020
Refer to 5th and 6th line of your query wherein you have mentioned that DE Highways was also a respondent. If it is true then the contemp directly lies against DE highways.
However, reply to your serialwise queries is as under:
1. Yes but against both.
2. Both, date of passing of order.
3. As above.
4. It is not mandatory but it is good if such exercise is undertaken to avoid further litigation.
Dr J C Vashista
(Expert) 24 February 2020
Too long a story for consideration and obligation.
Dr J C Vashista
(Expert) 24 February 2020
It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
RAMJI
(Querist) 24 February 2020
My sincere & special thanks to Sri.Rajkumar Makkad for having patiently read my description & queries and having given direct answers to the point....Great sir... My thanks are to Dr. Vashista for his suggestions...Thanks to all and this forum in total..You are doing a great sirs....
Regards
Ramji
