K.Ponnusamy v. B.Murugesh Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Contempt Petition No.653 of 2024 K.Ponnusamy ... Petitioner Vs.

B.Murugesh, I.A.S., The District Collector, Tiruvannamalai District, Vengikkal, Tiruvannamalai - 606 604 ... Respondent PRAYER : Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, pleased to punish the respondent for committing Contempt of Court for wilful disobedience of the direction of the order passed by this Court in W.P.No.13645 of 2023 dated 05.05.2023. For Petitioner :

Ms.V.Susithra for Ms.Nithyashree For Respondent :

Mr.A.Selvendran Special Government Pleader 1/6

O R D E R

This petition has been filed seeking to punish the respondent in the provisions of Contempt of Court for his wilful disobedience of the order passed by this Court in W.P.No.13645 of 2023 dated 05.05.2023.

2. It is submitted by the learned counsel for the petitioner that the lands in question were alloted to the petitioner by the Government of Tamil Nadu in the year 1989 and the lands were situated adjacent to the lands of his sisters in Survey Nos.37/11 and 37/13. During the year 2011, the petitioner's sister Kullammal, who is the owner of the land in Survey No.37/11, sold her land to one Buwaneswari and the said Buwaneswari is now attempting to earmark boundaries for the said land by encroaching the petitioner's lands. Thereby, the petitioner had sent representations dated 12.12.2022 and 19.12.2022 to the respondent seeking to direct the Revenue Inspector, Tandarampattu Taluk, Tiruvannamalai, to survey the petitioner's lands and earmark the boundaries. Since the respondent had not taken any action, the petitioner had approached this Court by filing W.P.No.13645 of 2023 seeking to dispose the petitioner's representations and to direct the Revenue 2/6

Inspector concerned to survey the petitioner's land.

3. She further submitted that this Court, by an order dated 05.05.2023, had directed the respondent to consider the representations of the petitioner dated 12.12.2022 and 19.12.2022 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of that order, however, the respondent has not taken any action and therefore, the order of this Court has not been complied with, which amounts to contempt of Court.

4. When the matter is 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, the survey was conducted on 02.08.2022 at about 10.30 a.m. and the order has already been complied with, however, the Report has not been sent to the petitioner so far and therefore, the respondent has not committed any contempt.

5. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent and perused the materials 3/6

available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Special Government Pleader that the order passed by this Court in W.P.No.13645 of 2023 dated 05.05.2023 has been complied with, this Court is inclined to close the Contempt Petition. However, the Revenue Inspector, Tandarampattu Taluk, Tiruvannamalai District - 606 707 is directed to serve the copy of the Survey Report on the petitioner within a period of two weeks from the date of receipt of a copy of this order.

7. Accordingly, this Contempt Petition stands closed. 15.03.2024 ham 4/6

To

1. The District Collector, Vengikkal, Tiruvannamalai - 606 604.

2. The Revenue Inspector, Tandarampattu Taluk, Tiruvannamalai District - 606 707 5/6

A.D.JAGADISH CHANDIRA.,J.

ham Contempt Petition No.653 of 2024 15.03.2024 6/6