Latha @ Krishnavani v. Mu. Muthusamy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.09.2022

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Latha @ Krishnaveni ... Petitioner /vs./ 1.Muthusamy 2.P.Sasikumar ... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for deliberate and wilful disobedience of the order passed by this Court in W.P.(MD) No.6627 of 2022 dated 08.04.2022. For Petitioner : Mr.Chandrasekar For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This Contempt Petition has been filed to punish the respondents for their wilful disobedience of the order passed by this Court in W.P.(MD) No.6627 of 2022 dated 08.04.2022.

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2.Perusal of records, it is found that the petitioner has filed W.P.(MD) No. 6627 of 2022 seeking direction to the respondents therein to survey and demarcate the land in S.No.423/1B2 situated at Ottanchathiram Village, Ottanchathiram Taluk, Dindigul District. This Court, vide order dated 08.04.2022, had disposed of the said writ petition, directing the 2nd respondent therein to survey and fix the boundaries of the aforesaid land after giving notice to the petitioner and the rival claimants, if any, within a period of 12 weeks from the date of receipt of a copy of that order.

3.In compliance of the aforesaid order dated 08.04.2022, the 1st respondent had conducted survey, in pursuance of which he has issued proceedings in Na.Ka.No.4026/22/S dated 05.09.2022, wherein it has been stated that during survey, it was found that the petitioner was not in possession of the petition mention property and the same is in possession of one Sangeetha, W/o.Viswanathan. It is also stated that the suit in O.S.No.390 of 2007, which was filed regarding share of the property, was also dismissed by the Civil Court, Ottanchathiram. Further, the petitioner has made objection to survey the said 2/4

property and has also submitted the documents, which are all in her favour. All those facts were also informed to the petitioner herein, vide proceedings dated 05.07.2022 in Na.Ka.No.34/2022/S by the 1st respondent. Even though the petitioner is having knowledge about the same, she has filed this present Contempt Petition seeking punishment to the respondents stating that they have not complied with the order of this Court dated 08.04.2022. 4.Accordingly, this Contempt Petition stands dismissed with cost of Rs. 1,000/-. Hence, the petitioner is directed to pay Rs.1,000/- [Rupees One Thousand only] to the District Siddha Medical Officer CCRI PKM [A/c.No.10767823177, IFSC Code:-SBIN0000898, State Bank of India, Periyakulam Branch], within a period of one week from the date of receipt of a copy of this order. Index : Yes / No 29.09.2022 Internet : Yes / No mm 3/4

V.BHAVANI SUBBAROYAN , J.

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