K.Ameerkhan And 2 Others v. Thiru. Balachandar I.A.S., And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN Cont.P.No.1183 of 2025 1.K.Ameerkhan 2.Kadhar Moideen 3.Shafiullah Baig ... Petitioner Vs.

1.Balachandar, I.A.S., The Commissioner, Tambaram Corporation, Tambaram, Chennai.

2.Thangadurai The Assistant Engineer, Tambaram Corporation, Zone - 4, Tambaram, Chennai.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of the Courts Act, 1971 praying to punish the respondents for their willful disobedience of the order dated 27.01.2025 passed in W.P.No.1657 of 2025.

For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.P.Srinivas

ORDER

The Writ Petition had been filed in the nature of a Mandamus seeking a direction against the respondents to complete the road and rain water drainage work at Mullai Street, Sakthi Nagar, West Tambaram, Chennai, in accordance with the proceedings of the 2nd respondent dated 13.09.2024.

2.However, the respondents 5 and 6 in the writ petition had also filed W.P.No.7977 of 2025 seeking a Mandamus against the 1st respondent, Executive Officer, Peerkankaranai Town Panchayat in Kanchipuram District, not to lay sewer ways in S.No.1/2A, 1/2D and 1/3A in Peerkankaranai Village, Tambaram Taluk. 3.As is evident from the above, the issue is with respect to the lay of the land, area of the land and the title of the land and as a matter of fact, with respect to the very right to seek the relief sought in the writ petition. By order dated 07.03.2025, the 2nd respondent in W.P.No.7977 of 2025 / Tahsildar, Chitlapakkam, West Tambaram, Tambaram, Chennai, was directed to conduct a survey within a period of eight weeks. The Tahsildar had conducted survey and found that there was a difference

between the area as found in the measurement book and the area as found in the land to an extent of 8 metres which comes about 25 feet. The disputed road is of 20 feet width.

4.It is now informed that the suit between the parties in O.S.No.139 of 2017 is pending before the District Munsif Court, Tambaram and it would only be appropriate that since there are disputed questions relating to the area of land and possession of the land and title of the land and right over the land, the parties are relegated to examine the issues before the District Munsif Court, Tambaram.

5.In view of the above, this Contempt Petition stands closed. smv 27.06.2025 Internet : Yes/No :Yes/No Speaking order : Yes C.V.KARTHIKEYAN,J.

smv Cont.P.No.1183 of 2025 27.06.2025