Dhandayuthapani, v. Sheik Abdullah,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sub Application (MD) No.27 of 2024 in in WP(MD) No.21886 of 2023 Mr.Dhandayuthapani ... Petitioner Vs 1.Mr.Sheik Abdullah The Tahsildar, Revenue Department, Manamelkudi Taluk, Pudukkottai.

2.Mr.Chellathurai, The Firka Surveyor, Manamelkudi Taluk, Pudukkottai.

...Contemnors/Respondent PRAYER in CONT.P.(MD)SR No.95767 of 2023: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying this Court to punish the contemnors/respondents under the provisions of Contempt of Courts Act 1971 for their willful and deliberate disobedience of the order passed by this Court in WP(MD) No.21886 of 2023, dated 08.09.2023.

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For Petitioner :Mr.S.Bageerathan For Respondents :Mrs.D.Farjana Ghoushia Special Government Pleader

O R D E R

The third respondent in WP(MD) No. 21886 of 2023 has filed this contempt petition as against the respondents that the order of this Court in the above writ petition has not been complied with. According to this petitioner, the respondents have not considered the objections of the third respondent at the time of conducting the survey.

2.This Court, while disposing of WP(MD) No.21886 of 2023, by order dated 08.09.2023 has directed the respondents therein to conduct the survey on the application filed by one Sakthivel in the following terms:- "5. If the third respondent or the fourth respondent are having any grievance or raising any objections, the same shall be considered by the survey officer in accordance with law contemplated under Section 10(1) of the Tamil Nadu Survey and Boundaries Act, 1923 and pass an orders thereafter proceed with the survey after obtaining 2/5

necessary police protection. The said exercise shall be completed within 12 weeks from the date of receipt of a copy of this order."

3.The learned Special Government Pleader appearing for the respondents submits that the respondents have issued a notice to the third respondent /the petitioner herein for conducting survey on 01.11.2023 and they have conducted the survey on 06.11.2023. However, the petitioner herein has not raised any objections at that relevant point of time. A further notice was issued on 06.11.2023 and survey was once again conducted on 17.11.2023. Even at that time, the petitioner herein has not raised any objections and therefore, the official respondents have proceeded with the survey and conclude the same.

4.This Court considered the rival submissions made and also perused the materials placed on record.

5.Survey does not confer any right on the parties over the property. If the petitioner is having any grievance, he can work 3/5

out his remedy before the competent civil Court. This Court is not inclined to entertain this application and accordingly this Contempt petition is closed at the SR stage itself.

22.03.2024 Index:Yes/No Internet:Yes/No vrn To 1.Mr.Sheik Abdullah The Tahsildar, Revenue Department, Manamelkudi Taluk, Pudukkottai.

2.Mr.Chellathurai, The Firka Surveyor, Manamelkudi Taluk, Pudukkottai.

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B.PUGALENDHI, J.

vrn Order made in Sub Application (MD) No.27 of 2024 in in WP(MD) No.21886 of 2023 22.03.2024 5/5