Madras High CourtCONT P(MD)/1000/2023closed

L. Chidambaram v. Pechiyappan

2023-09-11Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in W.P(MD)No.7958 of 2022 L.Chidambaram ... Petitioner/Petitioner vs.

Pechiyappan Assistant Director, Survey and Land Records Department, Sivagangai District, Sivagangai.

.. Contemnor/Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, pleased to punish the contemnor / respondent for the wilful disobedience of the order dated 25.04.2022 passed by this Court in WP(MD)No.7958 of 2022 and punish the contemnor/ respondent under the provisions of the Contempt of Courts Act.

For Petitioner : Mr.V.Kannan For Respondents : Mr.G.V.Vairam Santhosh, Additional Government Pleader 1/4

ORDER

This contempt petition has been filed that the orders of this Court dated 25.04.2022 passed in WP(MD)No.7958 of 2022 has not been complied with. 2.This Court by order dated 25.04.2022 directed the petitioner to file a statutory appeal before the authority concerned as per Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923 within a period of two weeks from the date of receipt of a copy of the order for survey and demarcation of the boundaries of the land comprised in TS.No.4/2, Devakottai Town, Ward A, Block 15, Sivagangai District, On receipt of the same, the authority concerned, was directed to pass final orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner and others within a period of four weeks therefrom.

3.The learned Counsel for the petitioner submits that the orders of this Court dated 25.04.2022 has not been complied with. 2/4

4.The learned Additional Government Pleader appearing for the respondent submits that in pursuance of the orders of this Court, when the official went to the survey the land, the petitioner objected that the Assistant Director of Survey alone has to measure the property and a notice through an Advocate is also sent by the petitioner in this regard. Since the appellate authority under Section 11 of the Tamil Nadu Survey and Boundaries Act is the Head Surveyor and accordingly survey is scheduled to be conducted by the Head Surveyor on 14.09.2023.

5.Recording the submission of the learned Additional Government Pleader that the survey would be conducted on 14.09.2023, this contempt petition is closed.

11.09.2023 DSK To The Assistant Director, Survey and Land Records Department, Sivagangai District, Sivagangai.

3/4

B.PUGALENDHI ,J.

DSK in W.P(MD)No.7958 of 2022 11.09.2023 4/4