Madras High CourtCONT P(MD)/389/2021closed

P.Ramanathan, v. S.Anthonyraj,

2021-04-19Honourable Mr Justice G.R.Swaminathan2 pages

1 CONT.P.(MD)NO.389 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.04.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P.(MD)No.389 of 2021 in W.P.(MD)No.5243 of 2019 P.Ramanathan ... Petitioner/Petitioner Vs.

S.Anthonyraj, Tahsildar, Karaikudi Taluk, Sivagangai District.

... Contemnor/2nd Respondent Prayer: Contempt petition is filed under Section 11 of Contempt of Courts Act, 1971, to initiate contempt proceedings against the contemnor/2nd respondent and punish him for the willful disobedience of the order of this Court in W.P.(MD)No.5243 of 2019 dated 06.03.2019.

Prayer in WP(MD). 5243/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus, directing the Respondents to survey the Petitioners house site situated in Survey No.1/91A1A2 measuring 9.50 Ares in Patta No.112 situated at Shekkalaikottai Village, Sankarapuram, Karaikudi Tk, Sivagangai Dist and to fix the four boundaries and to issue the survey sketch and survey certificate.

For Petitioner : Mr.V.Santhakumaresan For Respondent : Mr.M.Rajarajan, Additional Government Pleader.

O R D E R

Contending that the order passed by this Court on 06.03.2019 in W.P.(MD)No.5243 of 2019 has not been complied with, this contempt petition came to be filed.

2. The issue relates to carrying out a survey exercise. While disposing of the writ petition, I made it clear that if the authorities come across any rival claim or dispute, they will necessarily relegate the petitioner to move the civil Court.

3. When the matter was taken up for hearing, the learned Additional Government Pleader appearing for the respondent informed that since the survey officials came across resistance, proceedings bearing No.A2/5529/20 dated 18.04.2021 have been issued calling upon the parties to move the jurisdictional civil Court for appropriate relief.

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2 CONT.P.(MD)NO.389 OF 2021

4. I am satisfied that the order passed by this Court has been complied with. It is for the petitioner to move the jurisdictional civil Court and ventilate his grievances.

5. With this liberty to the petitioner, this contempt petition is closed.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Tahsildar, Karaikudi Taluk, Sivagangai District.

+1 CC to M/s.SPL GP ( SR-16715[F] dated 20/04/2021 ) CONT.P.(MD)No.389 of 2021 in W.P.(MD)No.5243 of 2019 19.04.2021 KM(CO) KB(12.05.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4