Tamilmaran v. Mohan

Cont.P(MD)No.430 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Cont.P(MD)No.430 of 2022 in W.P(MD)No.15518 of 2021 Tamilmaran ... Petitioner/Petitioner Vs.

Mohan, The Assistant Director, Rural Development & Panchat Raj Department, Thanjavur(District), Thanjavur.

... Contemnor / 3rd respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnor / 3rd respondent for the deliberate and wilful disobedience of the order passed in W.P(MD) No.15518 of 2021 dated 31.08.2021.

Prayer in WP(MD). 15518 of 2021 :

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to lay proper road on a common pathway comprised in S.No.406 1 AT situated at Patchur North Street, Patchur, Poiyundar Kottai Panchayat, Orathanadu (Taluk), Thanjavur (District), on the basis of petitioner's representation dated 23.07.2018 and 16.06.2021 For Petitioner : Mr.T.Indrachithu For Respondent : Mr.A.Kannan, Additional Government Pleader

O R D E R

(Order of the Court was made by R.SUBRAMANIAN, J.) This Contempt Petition is filed seeking to punish the contemnor / 3rd respondent for the deliberate and wilful disobedience of the order passed in W.P(MD)No.15518 of 2021 dated 31.08.2021.

2. By order dated 31.08.2021, this Court had directed the respondents to consider the representations of the petitioner dated 23.07.2018 and 16.06.2021 with regard to laying of a road in the land, which according to the petitioner, is a common pathway. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P(MD)No.430 of 2022

3. The Assistant Director of Panchayats, Thanjavur, has considered the representations of the petitioner and passed an order by his proceedings dated 21.02.2022.

4. A copy of the said proceedings has been produced before us. The learned counsel for the petitioner has also been served with the copy of the said proceedings.

5. A perusal of the same, shows that the place which alleged to be a common pathway by the petitioner, is actually a patta land and there are houses and there is no possibility of laying a road in the said land.

6. In view of the same, the order dated 31.08.2021, has been complied with. Hence, there cannot be any contempt. This Contempt Petition is closed. However, liberty is granted to the petitioner to challenge the proceedings dated 21.02.2022 in a manner known to law, if he is so advised.

Sd/- Assistant Registrar (A.D.II) // True Copy // / /2022 Sub Assistant Registrar(CS) PM To:

The Assistant Director, Rural Development & Panchat Raj Department, Thanjavur(District), Thanjavur.

+1 CC to M/s.SPL.GP ( SR-17939[F] dated 11/04/2022 ) Cont.P(MD) No.430 of 2022 08.04.2022 RD(25.04.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2