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Madras High CourtCONT P(MD)/1378/2025closed

V.Thiruvettapothi v. A.K.Kamal Kishore, I.A.S.,

2025-07-04Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 04.07.2025

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI in W.P.(MD)No.24264 of 2024 V.Thiruvettapothi ... Petitioner versus

1. Mr.A.K.Kamal Kishore, I.A.S., District Collector,

2. Mr.R.Petchiappan, Assistant Director of Land and Survey, O/o. The Assistant Director of Land and Survey Records,

3. Mr.Ravikumar, Thasildar, Sivagiri Taluk, ... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, to punish the contemnors/respondents for willfully and deliberately disobeying the order of this Court made in W.P.(MD)No. 24264 of 2024 dated 17.10.2024.

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For Petitioner : M/s.V.Gurusamy For Respondents : Mr.Veerakathiravan, Additional Advocate General assisted by Mr.F.Deepak, Special Government Pleader

ORDER

The petitioner has filed this contempt petition that the order of this Court passed in W.P.(MD)No.24264 of 2024 dated 17.10.2024 has not been complied with.

2. This Court, by its order dated 17.10.2024, disposed of the above writ petition, with a direction to the respondents to conduct survey in the petitioner's property on 24.10.2024 at 10.00 a.m. without fail. The Court has also made it clear that there will not be any separate notice from the survey officials and the petitioner shall be available on 24.10.2024.

3. Now, the petitioner has filed this contempt petition that the earlier order of this Court passed in W.P.(MD)No.24264 of 2024 dated 17.10.2024 has not been complied with.

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4. The 2nd respondent, namely, the Assistant Director of Land and Survey, Tenkasi District, has filed a status report that as per the direction of this Court, survey was conducted on 24.10.2024 at about 10.00 a.m. However, it could not be completed on that day. Therefore, it was continued on 06.11.2024. At that time, the petitioner has raised certain objections and left the survey site without co-operating with the survey officials. Therefore, the survey and demarcation process could not be completed.

5. This Court, by its order dated 17.10.2024 in W.P.(MD)No. 24264 of 2024, has passed an order directing the survey officials to conduct survey on 24.10.2024. From the report of the 2nd respondent, it appears that the survey was conducted on 24.10.2024, however, it could not be completed. Therefore, it was continued on 06.11.2024. At that time, the petitioner has raised objections and not co-operated with the survey officials. Therefore, the survey process could not be completed. 3/6

6. In view of the above, this Court is not inclined to proceed further with the contempt petition. If the petitioner is having any grievance with regard to the survey conducted by the respondents, he can workout his remedy before the appellate authority under Section 11 of the Tamil Nadu Survey and Boundaries Act, 1923.

7. Considering the scope of the contempt petition, this Contempt Petition is closed.

04.07.2025 ogy NCC : Yes / No.

Index : Yes . No.

Internet: Yes / No.

To

1. Mr.A.K.Kamal Kishore, I.A.S., District Collector,

2. Mr.R.Petchiappan, Assistant Director of Land and Survey, O/o. The Assistant Director of Land and Survey Records, 4/6

3. Mr.Ravikumar, Thasildar, Sivagiri Taluk, 5/6

B.PUGALENDHI, J.

ogy 04.07.2025 6/6