M.Natarajan v. Thiru Kalyanasundaram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI in W.P.No.27876 of 2022 M.Natarajan ... Petitioner / Petitioner Vs.

Kalyanasundaram, Tahsildar, Office of the Kundrathur Tahsildar, Kancheepuram District.

... Respondent / Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act to initiate contempt proceedings against the respondent and punish him for his willful disobedience of the order of the Hon'ble High Court in W.P.No.27876 of 2022 dated 19.10.2022.

For Petitioner :

Mr.M.Natarajan (Party-in-person) For Respondent :

Mr.M.Alagu Gowtham Government Advocate

O R D E R

For non-compliance of the order of this Court, dated 19.10.2022 passed in W.P.No.27876 of 2022, the Contempt Petition is filed.

2. This Court, by order dated 19.10.2022 in W.P.No.27876 of 2022, has issued a direction to the respondent herein to consider the petitioner's representation dated 02.07.2022 and take necessary steps to survey the land as per the original documents available with the petitioner, on its own merits and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of that order, pursuant to which, the respondent surveyed and demarcated the lands in presence of the petitioner on 28.06.2023 with reference to the documents of the petitioner and the village accounts and the respondent has also given statements in spite of conduct of survey and demarcation of the boundaries of his lands.

3. The learned Government Advocate appearing for the respondent submitted that as regards the survey of the lands in Survey Nos.7, 7/4 and 7/6 of Moulivakkam Village, the petitioner was not satisfied with the survey conducted based on the present FMB sketch and he insisted to survey the land with reference to the FMB sketch which were in vogue prior to the Updating Registry Scheme.

4. As per the directions of this Court, the respondent has conducted survey and filed compliance report. Hence, no wilful disobedience on the part of the respondent. However, if the petitioner is aggrieved by the conduct of survey based on the present FMB sketch and he insist to survey the land with reference to the FMB sketch which were in vogue prior to the Updating Registry Scheme, he is at liberty to workout his remedy in the manner known manner to law.

5. Accordingly, this Contempt Petition is closed.

30.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To Tahsildar, Office of the Kundrathur Tahsildar, Kancheepuram District.

M.DHANDAPANI, J.

vji in W.P.No.27876 of 2022 30.06.2023