Madras High CourtCONT P(MD)/1427/2019closed

S.Karthikeyan v. Venkatesh

2019-10-16Honourable Mr Justice G.R.Swaminathan2 pages

Cont.P.(MD)No.1427 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)No.1427 of 2019 in W..P.(MD)No.8937 of 2019 S.Karthikeyan ... Petitioner/ Petitioner Vs

1. Venkatesh, Tahsildar, Ambasamudram Taluk Office, Tirunelveli District.

2. Manikandan, Taluk Surveyor, Ambasamudram, Tirunelveli District.

... Contemnors/Respondents 3&4 PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents 3 and 4 for willful disobedience of the order dated 12.04.2019, passed in writ petition in W.P.(MD)No.8937 of 2019.

Prayer in WP(MD). 8937/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents No.2 to 4 to survey and demarcate the petitioner's son property in SY.NO. 98/12 in patta No. 1821 situated at Velayutha Nagar, Mela Ambasamudram village, Ambasamudram Tk, Tirunelveli District.

For Petitioner : Mr.A.Sankararamasubramanian For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The petitioner filed W.P.(MD)No.8937 of 2019 before this Court seeking survey of the property in question. This Court by order dated 12.04.2019, after putting the learned Government Advocate on notice directed that the survey can be done. It was however made clear that if any dispute is raised, the parties will have to move the jurisdictional Civil Court. Contending that the order passed by this Court has not been complied with, this contempt petition came to be filed.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.1427 of 2019 2.Today when the matter was taken up for hearing, the learned Government Advocate produced a copy of the communication sent by the Tahsildar, Ambasamudram on 16.10.2019, mentioning that since the property in question is under occupation of some other person and the said person is objection to the survey, the authority could not carry out the survey exercise.

3.Recording the submissions of the learned Government Advocate, this contempt petition is closed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To

1. The Tahsildar, Ambasamudram Taluk Office, Tirunelveli District.

2. The Taluk Surveyor, Ambasamudram, Tirunelveli District.

3. The District Collector, Tirunelveli District, Tirunelveli

4. The Assistant Director, District Land Survey Office, Tirunelveli +1 CC to SPL GP ( SR-92483[F] dated 17/10/2019 ) +1 CC to Mr.A.SANKARARAMASUBRAMANIAN, Advocate ( SR-92713[F] dated 17/10/2019 ) Cont.P.(MD)No.1427 of 2019 in W..P.(MD)No.8937 of 2019 16.10.2019 ias MK (30.10.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2