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Madras High CourtSUB APPL/981/2024closed

K.Ponnusamy, v. Mr. B.Murugesh Ias.,

2024-10-28Honourable Mr Justice A.D.Jagadish Chandira4 pages

Sub. Appl. No.981 of 2024 in Contempt Petition No.653 of 2024 A.D.JAGADISH CHANDIRA, J.

This Sub Application has been filed seeking to re-open the Contempt Petition No.653 of 2024, which was closed on 15.03.2024. 2.The case of the petitioner is that the petitioner had filed W.P. No.13645 of 2023 seeking for writ of Mandamus directing the respondent to dispose of his representations dated 12.12.2022 and 19.12.2022.

3.This Court, by order dated 05.05.2023 had disposed of the writ petition directing the first respondent to consider the representations of the petitioner within a period of eight weeks. 4.Alleging that the order was not complied with, the petitioner had earlier approached this Court by filing Contempt Petition No.653 of 2024.

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5.When the Contempt Petition was taken up for hearing, Mr.A.Selvendran, the learned Special Government Pleader appearing for the respondent submitted that after issuing due notice to the petitioner and the adjacent land owner, a survey was conducted on 02.08.2023 at about 10.30 a.m. and thereby, the order was complied with. It was admitted by the learned Special Government Pleader that the report had not been sent to the petitioner so far and thereby, this Court, while closing the Contempt Petition, directed the Revenue Inspector, Tandarampattu Taluk, Tiruvannamalai District to serve a copy of the Survey Report on the petitioner within a period of two weeks from the date of receipt of the copy of the order.

6.Alleging that the order dated 15.03.2024 had not been complied with, the present application has been filed seeking to re-open the Contempt Petition.

7.Mr.A.Selvendran, learned Special Government Pleader appearing for the respondent has furnished action taken files in connection with the representations of the petitioner dated 12.12.2022 and 19.12.2022. He 2/4

would submit the order of this Court passed in W.P. No.13645 of 2023 was duly complied with and a survey was conducted on 02.08.2023 and that the petitioner has also acknowledged by signing the survey report. Subsequently, on 02.06.2024, the survey report was sent to the petitioner by registered post and it was also received by him on 28.06.2024. Further as per the instructions of the Collector, in order to alleviate the grievance of the petitioner, a fresh survey was also conducted on 25.10.2024 at 11.30 a.m. and when the Revenue Inspector had attempted to serve the copy of the survey report, the petitioner has refused to sign in the report. Fresh survey was conducted on 25.10.2024 in the presence of the Revenue Inspector, Surveyor and Village Administrative Officer and he would submit that the orders have been strictly complied with and he would seek that the respondent may be purged of the contempt proceedings.

8.The Revenue Inspector and the Tahsildar are present before this Court and a copy of the survey report is served on the petitioner today. 3/4

A.D.JAGADISH CHANDIRA, J.

vga 9.The learned counsel for the petitioner, who is present before this Court today, acknowledges the receipt of the survey report. 10.In view of the above, finding that the orders of this Court has been complied with, no further orders are required to be passed in this Sub Application. Accordingly, this Sub Application stands closed. 28.10.2024 vga Sub. Appl. No.981 of 2024 in Contempt Petition No.653 of 2024 4/4