Madras High CourtCONT P(MD)/1349/2019dismissed

R.Govindaraj v. Rengasamy

2019-10-25Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Cont.P.(MD).No.1349 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Cont.P.(MD).No.1349 of 2019 R.Govindaraj ... Petitioner/Petitioner Vs.

Mr.Rengasamy, Taluk Surveyor, Vedasandur Taluk Office, Vedasandur, Dindigul District.

... Contemnor/Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to take appropriate proceedings under the contempt of Court Act and punish the respondent for disobedience of order of this Court in Crl.O.P(MD)No.4149 of 2019, dated 20.03.2019. Prayer in CRL OP(MD). 4149/ 2019 :

Petition filed under section 482 of the Criminal Procedure Code, to direct the 2nd respondent to give police protection to the petitioner for measuring the petitioner lands in Padiyur Village, Survey No.1563/2B, 1563/3, 1563/4B, 1563/7, 1563/8, 1563/10B, 1563/12, 1563/13, 1582/1B and Survey No.1563/11 situated Padiyur Village, Vedasandur Taluk, Dindigul District based on the petitioner representation dated 14.03.2019.

For Petitioner : Mr.G.Gomathi Sankar For Respondent : Mr.R.Anandharaj Additional Public Prosecutor

O R D E R

This contempt petition has been filed to punish the respondent for disobedience of order of this Court in Crl.O.P(MD) No.4149 of 2019, dated 20.03.2019.

2. Originally, the petitioner filed a petition for seeking police protection for measuring his property comprised in Survey Nos.1563/2B, 1563/3, 1563/4B, 1563/7, 1563/8, 1563/10B, 1563/12, 1563/13, 1582/1B and 1563/11 situated at Padiyar Village, Vedasandur Taluk, Dindigul District based on the petitioner's representation, dated 14.03.2019. This Court by an order in Crl.O.P(MD)No.4149 of 2019, dated 20.03.2019, directed the respondent to provide such necessary police protection for the Surveyor to perform his official duty.

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Cont.P.(MD).No.1349 of 2019 3.Considering the above facts and circumstances of the case, the petitioner was directed to apply for measuring his property to the Taluk Surveyor, after issuing notice to the petitioner and other adjacent owners. Now, the learned counsel for the petitioner would submit that even after the requests made to the Surveyor, the said Surveyor did not come forward for survey the land and also till today, he did not seek for police protection. It is pertinent to mention that this Court, while considering the petition for seeking police protection directed the petitioner to approach the Revenue Department to survey his land, and if the surveyor found any hindrance or difficulties, he can very well seek police protection. Therefore, no order has been passed to the respondent to survey the petitioner's land. Therefore, no contempt is made out as against the respondent.

4. In the result, this Contempt Petition is dismissed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To The Taluk Surveyor, Vedasandur Taluk Office, Vedasandur, Dindigul District.

+1 CC to Mr.G.GOMATHI SANKAR, Advocate ( SR-94801[F] dated 25/10/2019 ) Cont.P.(MD).No.1349 of 2019 25.10.2019 vsd MK (18.11.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2