Madras High CourtCONT P(MD)/758/2021closed

K.Kaliammal v. Murugan

2022-09-23Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.09.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Contempt Petition(MD)No.758 of 2021 in W.P.(MD)No.11921 of 2020 K.Kaliammal ... Petitioner/Petitioner Vs.

Mr.Murugan, The Taluk Surveyor, Sankarankovil Taluk Office, Thenkasi District.

... Contemnor/2nd Respondent Prayer : Petition filed under Section 11 of the Contempt of Courts Act, to issue contempt notice to the Contemnor for his willful disobedience in the order granted by this Court in W.P(MD)No.11921 of 2020, dated 03.12.2020 and punish his under Sections 11 and 12 of the Contempt of Courts Act, 1971. For Petitioner : Mr.A.D.Ganeshamoorthi For Respondent : Mr.D.Sadiq Raja Additional Government Pleader * * * * *

ORDER

In paragraph-5 of the order, dated 03.12.2020, this Court observed as follows:- ".....In case any Civil Suit is already pending, there is no 1/4

need for measuring the land in question, as it is for the Civil Court to decide the matter. After the order of this Court any suit is filed, the officials hands are not tied to carry out the directions mentioned in the aforesaid two orders, as there is a possibility of one or other party to move the Court later and to stall the proceedings before the revenue authorities. Only exception is if an interim order operates against the authorities."

2. Today, when the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondent, on instructions, would submit that the order of this Court, dated 03.12.2020 has been complied with and the Civil Suit is pending in O.S.No.107 of 2020 before the Principal District Munsif. As per the observation made by this Court in Paragraph-5 of the order, dated 03.12.2020, there is no need to measure the land in question.

3. Recording the submission of the learned Additional Government Pleader, this Contempt Petition is closed.

Index :Yes/No Internet :Yes/No 23.09.2022 am 2/4

To Mr.Murugan, The Taluk Surveyor, Sankarankovil Taluk Office, Thenkasi District.

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V.BHAVANI SUBBAROYAN , J.

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