Mookaiha v. Hanish Hatar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.10.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Mookaiha ... Petitioner/4th Respondent Vs.

1.Mr.Hanish Hatar, The Tahsildar, Thiruparankundram Taluk, Madurai district.

2.Rajakannan, The Taluk Surveyor, Taluk Office, Thiruparankundram Taluk, Madurai District.

3.Mr.Samyappan, The Inspector of Police, Perungudi Police Station, Madurai District.

4.Balasubramanian ... Contemnors/Respondents (R - 4 is suo motu impleaded vide order dated 19.06.2024) Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors for wilful disobedience of implementing the order of this Court passed in W.P(MD)No.2194 of 2024, dated 02.02.2024.

1/9

For Petitioner : Mr.R.Boopathi For RR 1 & 2 : Mr.R.Ragavendran Government Advocate For R - 3 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) For R - 4 : Mr.S.Srikanth for M/s.APN Law Associates

ORDER

Alleging that the order of this Court in W.P(MD)No.2194 of 2024, dated 02.02.2024 has not been complied with, the petitioner has come up before this Court with this Contempt Petition. 2.When the matter came up for hearing on 27.09.2024, this Court passed the following order:

Alleging the wilful disobedience of the order passed by this Court in W.P(MD)No.2194 of 2024, dated 02.02.2024, this Contempt Petition has been filed.

2.When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the subject property of the petitioner was demolished through JCB by the fourth respondent/writ petitioner with the help of the respondents and he has also shown the videograph to that effect.

2/9

3.In the Writ Petition, this Court had only directed the official respondents to measure the property, but they have demolished the structure. Further, it is seen that the official respondents as a mere witness colluded with the fourth respondent/writ petitioner demolished the structure of the petitioner. Even though the civil suit is pending, the fourth respondent/writ petitioner has taken the law into his hands and demolished the property of the old persons, who are helpless.

4.Hence, the revenue officials and the police officials are directed to file a report as to what has happened on that day in the next hearing date. 5.Post the matter on 03.10.2024.'

3.When the matter is taken up for hearing today, the learned counsel appearing on either side submits that the matter has been amicably settled between the petitioner and the fourth respondent and they have also filed a compromise memo dated 17.10.2024. The joint compromise memo is found to be signed by both the parties and a scanned reproduction of the same is as follows: 3/9

4/9

5/9

6/9

3.In view of the above, this Contempt Petition is closed. The compromise memo, dated 17.10.2024, shall form part of the order. No costs.

4.For reporting compliance, post the matter on 22.11.2024. 18.10.2024 NCC : Yes/No Index : Yes/No ps 7/9

To 1.Mr.Hanish Hatar, The Tahsildar, Thiruparankundram Taluk, Madurai district.

2.Rajakannan, The Taluk Surveyor, Taluk Office, Thiruparankundram Taluk, Madurai District.

3.Mr.Samyappan, The Inspector of Police, Perungudi Police Station, Madurai District.

8/9

V.BHAVANI SUBBAROYAN, J.

ps 18.10.2024 9/9