Mohammed Eessaq, v. The Thasildar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Friday, the Twenty Fifth day of November Two Thousand and Sixteen PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CONT P(MD) No.1126 of 2016 in WP(MD). No.6134 of 2016 MOHAMED EESSAQ, ... PETITIONER/PETITIONER. Vs 1 MR.JEYAKUMAR, THE TAHSILDAR, KADALADI THASILDAR OFFICE, KADALADI, RAMANATHAPURAM DISTRICT.
2 MR.ALAGUVEL PANDIAN, THE HEAD SURVEYOR, TAHSILDAR OFFICE, KADALADI, KADALADI TALUK, RAMANATHAPURAM DISTRICT. ... RESPONDENTS/RESPONDENTS Contempt Petition filed U/S 11 of Contempt of Courts Act 1971 praying that in the circumstances stated therein and in the affidavit filed therewith. Affidavit filed with on the file of the High Court. The High Court will be pleased to initiate the Contempt proceedings against the Respondents and punish them for willful disobedience of the order dated 29.03.2016 made in W.P.(MD)No.6134 of 2016.
PRAYER IN WP(MD). No.6134 of 2016 Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus directing the Second Respondent to measure petitioner's land in Survey No.345/14 situated at Odaikulam village, Kadaladi Taluk, Ramanathapuram District based on the Revenue Records with petitioner's application dated 30.12.2015 and submit the report to the 1st respondent. ORDER : This petition coming on for hearing on this day upon perusing the petition and the affidavit filed in support on the file of the High Court and material papers and upon hearing the arguments of M/S.D.S.HAROON RASHEED, Advocate for the petitioner and MR.V.MURUGANANDAM, Additional Government Pleader, on behalf of present Head surveyor and of MR.T.LAJAPATHY ROY, Advocate for the Respondents 1 & 2, this court made the following order:- This contempt petition has been filed by the petitioner for the disobedience of the order passed by this Court made in W.P.(MD) No.6134 of 2016, dated 29.03.2016.
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2.When the matter came up for hearing on 07.10.2016, learned Government Advocate took notice and sought two weeks time to get instructions. Again, when the matter came up for hearing on 04.11.2016, learned Additional Government Pleader appearing for the respondents submitted that despite the instructions given, the respondents are not responding. Therefore, the respondents were directed to appear before this Court on 11.11.2016 and thereafter, the matter has not been listed.
3.Even today, when the matter came up for hearing, learned Additional Government Pleader appearing for the respondents has reiterated the very same submission made by him on 04.11.2016 but would contend that the second respondent has already retired and the first respondent Mr.Jeyakumar, the Tahsildar, Kadalai Tahsildar Office was transferred to some other place.
4.In such circumstances, the present officer who is holding the post of Head Surveyor, Tahsildar Office, Kadaladi, Kadaladi Taluk, Ramanathapuram District, is directed to appear before this Court on 02.12.2016.
5.List the matter on 02.12.2016.
Sd/- Assistant Registrar(RTI) / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO THE HEAD SURVEYOR, TAHSILDAR OFFICE, KADALADI, KADALADI TALUK, RAMANATHAPURAM DISTRICT.
Copy to:
THE ADDITIONAL GOVERNMENT PLEADER, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER DATED: 25.11.2016 HEARING DATE: 02.12.2016
ORDER
CONT P(MD) No.1126 of 2016 in WP(MD). No.6134 of 2016 Giving direction as stated within and etc., https://hcservices.ecourts.gov.in/hcservices/ AM/MPA/SAR-3/30.11.2016/2P/3C