Balalji Industrial Company v. Thiru P.Ponniah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s.Balaji Industrial Company, Represented by its Proprietrix Smt.P.Dhanalakshmi, No. 181, Nehru Nagar, Kottivakkam Village, Chennai - 600 096.

... Petitioner Vs.

1.P.Ponniah The District Collector, Kancheepuram District.

2.N.Sundramoorthy The District Revenue Officer, Kancheepuram District.

... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Respondents herein for willful disobedience of the order of this Court pronounced in W.P.No.24772 of 2015 on 22.09.2017.

For Petitioner : Ms.M.Karthikeyani For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

O R D E R

This Contempt Petition has been filed to punish the respondents herein for willful disobedience of the order passed by this Court dated 1/3

22.09.2017 in W.P.No.24772 of 2015, thereby directing the petitioner to make necessary representation before the second respondent herein and in such event, it is for the second respondent to consider the representation of the petitioner and pass orders on merits and in accordance with law, within a period of 30 days from the date of receipt of such representation from the petitioner.

2. On perusal of the status report dated 02.07.2019 filed by the second respondent, revealed that on the representation of the petitioner dated 26.02.2018, the second respondent forwarded the same to the Tahsildar, Sholinganallur Taluk to submit a detailed report. In response to the same, the Maintenance Firka Surveyour in his report dated 22.06.2019 has stated that the petitioner's land comprised in S.No.317/65 of Kottivakkam Village is actually the linear measurements as East to West on the Northern and Southern sides 13.8 metres and North to South on the Eastern and Western sides 24.4 metres admeasuring to a total extent of 24.4 x 13.8 = 336.72 or 336.5 sq.metres (equivalent to 3622 sq.feet) and the petitioner is in possession and enjoyment of the said property. The same is maintained by the Revenue Department in the revenue records.

3. Accordingly, the second respondent by the Proceedings No.J10/19002/2019, dated 13.08.2019 rejected the claim of the petitioner. 2/3

4. Recording the same, this contempt petition is closed. However,the petitioner is at liberty to challenge the same in accordance with law. SD/- ASSISTANT REGISTRAR(COMM.CASES) dm //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Gs/09/03/2022 To

1. The District Collector, Kancheepuram District.

2.The District Revenue Officer, Kancheepuram District.

3/3