Madras High CourtCONT P(MD)/1017/2022closed

K. Rajeshwari v. S.Rathinavel Pandiyan ,The Thasildar

2022-10-31Honourable Mrs Justice V.Bhavani Subbaroyan9 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 31.10.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN CONT.P(MD)No.1017 of 2022 and W.P(MD)No.6804 of 2022 K.Rajeshwari ..Petitioner/Petitioner Vs 1.S.Rathinavel Pandian, Tahsildar,, Taluk Office, Thiruppuvanam Taluk, Sivangangai District.

2.T.Jeyarani, Surveyor, Taluk Office, Thiruppuvanam Taluk, Sivagangai District.

...Respondents/Contemnors

Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the contemnor/ respondent and to punish him for the wilful disobedience of the order passed by this Court in W.P(MD0No.6904 of 2022, dated 12.4.2022 For Petitioner :Mr.D.Senthil For Respondents :Mr.D.Gandhiraj Spl.Govt.Pleader

ORDER

This Contempt Petition is filed seeking to initiate contempt proceedings against the contemnor/respondent and to punish him for the wilful disobedience of the order passed by this Court in W.P(MD0No.6904 of 2022, dated 12.4.2022 2.Heard the learned counsel appearing on either side and perused the materials placed befoire this Court.

3.Already civil suits are pending in respect of the lands sought to be measured by the petitioner in the Writ Petition and moreover, her family members have objected for measurement of the lands and hence a law and order problem would arose, if the lands are measured by the revenue authorities. The land sought to be measured is the subject-matter of O.S.No.141 of 1990 and A.S.No.12 of 2022 and that at this juncture, the respondents cannot measure the property in question and only after the disposal of the cases, the authorities can measure the land.Hence,this Court is of the view that there is no wilful default on the part of the respondents. Communications, dated 1.9.2022, of the Revenue Tahsildar, Thiruppuvanam is produced to that effect.

4.In view of the above, the Contempt Petition is closed. No costs. It is left open to the Petitioner to approach the authorities conerned, if he

is so aggrieved by the order of the first respondent, as cited supra. 31.10.2022 Index : Yes/No Internet:Yes/No vsn To 1.S.Rathinavel Pandian, Tahsildar,, Taluk Office, Thiruppuvanam Taluk, Sivangangai District.

2.T.Jeyarani, Surveyor, Taluk Office, Thiruppuvanam Taluk, Sivagangai District.

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN CONT.P(MD)No.1017 of 2022 and W.P(MD)No.6804 of 2022 31.10.2022