Murugesan v. Subbanna Gounder

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 09.02.2021

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR Contempt Petition No. 1440 of 2019 1.Murugesan 2.Karuppa Gounder All are residing at No.2/223, Kuyavan Thottam, Panchalingampalayam, Parppankulam, Avanasi Taluk, Tiruppur District ... Petitioners Vs.

Subbanna Gounder, No.2/223, Kuyavan Thottam, Panchalingampalayam, Parppankulam, Avanasi Taluk, Tiruppur District ... Respondent Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for his willful disobedience of the order dated 03.01.2018 of this Court made in W.M.P.No. 37946 of 2017 in W.P.No.34152 of 2017.

For Petitioners : Mr.D.R.Arun Kumar For Respondents : Mr.Govi Ganesan 1/3

ORDER

The Petitioner in the contempt petition filed a writ petition in W.P.No.34152/2017 for issuing a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order dated 06.11.2017 in Na.Ka.No.15785/2016/J1 passed by the first respondent and to quash the same and further for a direction to the respondents 1 to 6 to resurvey the subject lands in the presence of the petitioner and the respondents and to fix the boundaries in accordance with law.

3.This Court, by order dated 03.01.2018 in W.P.No.34152 of 2017 and W.M.P.No.37946 of 2017 directed the respondent herein who is the sixth respondent in the writ petition to maintain status-quo. 4.This contempt petition is filed alleging wilful disobedience of the order passed in W.P.No.34152 of 2017 and W.M.P.No.37946 of 2017 dated 03.01.2018.

5.The learned counsel for the respondent submitted that in the proceedings dated 06.11.2017 passed by the District Revenue Officer, the he directed the concerned authority to carryout the necessary modifications in the revenue records. The Tahsildar concerned has 2/3

submitted the same to the Sub-collector on 04.12.2017 to carryout the changes in terms of the order passed by the District Revenue Officer. The contempt petition is filed against the private respondent who is not responsible for modification.

6.Therefore, this Court does not find any merits in this contempt petition and hence, this contempt petition is dismissed. No Costs. The petitioner is permitted to raise all issues on merits, when the writ petition is taken up for final hearing.

SD/- ASSISTANT REGISTRAR(COMM.CASES) tta //Certified to be true copy// Dated at Madras this the day of 2021. 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/20/05/2021 3/3