M.Natarajan v. Kalyanasundaram

Sub.Apln.No.602 of 2023 in Cont.P.No.1393 of 2023 M.DHANDAPANI, J.

This application is filed seeking to re-open the Contempt Petition No.1393 of 2023, which was ordered on 30.06.2023.

2. Mr.M.Nataraj, Party-in-Person filed a writ petition for Mandamus for directing the respondent to survey and measure his property. This Court, by its order, dated 19.10.2022 issued a direction to the respondents to survey the land as per the original documents available with the petitioner. Since the same was not complied, the petitioner filed the said contempt petition, pursuant to which, the respondent/contemnor surveyed the lands. Since the respondent/contemnor complied with the order, the contempt petition was closed on 30.06.2023. Thereafter, the petition filed the present sub application to re-open the said contempt petition on the ground that his patta land was subsequently classified as poromboke land.

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M.DHANDAPANI, J.

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3. Since the issue involved pertains to disputed question of facts, the petitioner has to approach the competent civil court for appropriate remedy. However, without doing so, filing the present sub application to re-open the contempt petition is not sustainable. Accordingly, this sub application is closed granting liberty to the petitioner to approach the Competent Civil Court for appropriate remedy. 25.08.2023 sp Sub.Apln.No.602 of 2023 in Cont.P.No.1393 of 2023 Page No.2 of 2 https://www.mhc.tn.gov.in/judis