B.V.Suresh Kumar v. Saravanan Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2023

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE A.A.NAKKIRAN Contempt Petition No.1218 of 2023 B.V.Suresh Kumar ... Petitioner ...Vs...

Mr.Saravanan Kumar, The Tahsildar, Purasavakkam Taluk, Chennai-600 003.

... Respondent Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Respondent herein who had wilfully and deliberately disobeyed the order of this Court in W.P.No.6295 of 2021 vide order dated 12.03.2021.

For Petitioner :

Mr.R.Sathiyamurthy For Respondent :

Mr.J.Ravindran Additional Advocate General Assisted by Mr.A.Selvendran Special Government Pleader *** 1/5

ORDER

This contempt petition has been filed alleging non compliance of the order passed by the Division Bench on 12.03.2021 in W.P. No.6295 of 2021.

2. On 13.07.2023, this Court has passed the following order: "3. Taking note of submissions made on either side, the Petitioner is directed to appear before the authorities concerned on 22.07.2023 for conducting resurvey of land in question.

4. In case, resurvey is not conducted on the aforesaid date, the same shall be conducted on 29.07.2023.

Post on 08.08.2023."

3. Initially it was contended that the Petitioner did not co-operate for resurvey and only pursuant to the aforesaid order, resurvey was conducted and a copy of the resurvey report dated 25.07.2023 is scanned and annexed hereunder:

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3. In the aforesaid Report, the Respondent has made it very clear that there is some construction viz., wall in the Survey No.2323 and that if it is an encroachment, necessary action will be taken in accordance with law.

Since the authorities have given the clarification, we close the contempt petition with liberty to the Petitioner to work out his remedy in the manner known to law.

[S.V.N,J.,] [A.A.N,J.,] 08.08.2023 arr 4/5

S.VAIDYANATHAN, J.

AND A.A.NAKKIRAN, J.

arr Contempt Petition No.1218 of 2023 08.08.2023 5/5