V.K.Ramasami Raja, v. R.Kannan, Ias,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2022

CORAM

THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE B.PUGALENDHI Cont.P.(MD)No.1065 of 2021 V.K.Ramasami Raja R.Pandurangan (Late) .. Petitioner Vs.

1.R.Kannan The District Collector Virudhunagar District, Virudhunagar 2.A.Sundarambal The Commissioner Rajapalayam Municipality Rajapalayam.

3.L.K.Sridhar The Tahsildar Rajapalayam Taluk Rajapalayam Virudhunagar District.

.. Respondents (The cause title accepted vide court order dated 19.07.2021 in Sub A(MD) No.120/2021 in

Cont.P.(MD) No.53847/2020) Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors/respondents No.1 to 3 for their wilful disobedience on the order of this Court made in W.P.(MD) No.11757/2017 dated 15.11.2019.

For Petitioner : Mr.S.Vedavalli For Respondents : Mr.D.Sasikumar Additional Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) By placing reliance on a letter of the Village Administrative Officer dated 15.09.2020, the learned counsel for the petitioner submitted that the lands in old S.Nos.309/7, 309/8, 310/5 and 310/6 (New S.Nos.19/3 and 19/4) have been encroached.

2. Per contra, the learned Additional Government Pleader had produced a copy of the written instructions dated 30.11.2020, wherein, it is stated that the Tahsildar in his proceedings dated 22.09.2020, has certified

the aforesaid subject lands is a patta land standing in the name of Arjun Raja. A copy of the Town Survey register for S.Nos.19/3 and 19/4 have been produced, which evidences that these lands, measuring an extent of 0.1572.0 and 0.0102.0 respectively, stands in the name of G.A.Arjun Raja, S/o.Abhimanyu Raja. When the Tahsildar himself has certified that these lands are private lands and the Town Survey register also ratified such a statement, we do not find any reason to treat the averments in the contempt petition as a disobedience.

3. Recording the submission made by the learned Additional Government Pleader, this contempt petition stands closed. In case, the petitioner is still of the view that there are encroachments within the subject lands in question are not private lands and that there are encroachments therein, liberty is granted to work out his remedy in accordance with law. (M.S.R.,J.) (B.P,J.) 01.12.2022 Internet : Yes RR

M.S.RAMESH, J.

and B.PUGALENDHI,J.

RR Cont.P.(MD)No.1065 of 2022 01.12.2022