P.R.Shanmuganathan v. Palkish Babu

CONT P(MD). No.1488 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Contempt Jurisdiction) Friday, the Eighteenth day of October Two Thousand and Nineteen PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CONT P(MD). No.1488 of 2019 P.R.Shanmuganathan

...Petitioner/Petitioner

Vs 1 Palkish Babu,Village Administrative Officer, No. 82 P.Karunkulam Group, Pattamangalam Post, Thiruppathur Taluk, Sivagangai District.

2 Thangamani, Tahsildar, Thiruppathur Taluk, Thiruppathur, Sivagangai District.

...Respondents/Contemnors

Prayer :- Contempt Petition is filed under section 11 of Contempt of Court's Act, praying this Hon'ble Court to punish the contemnors of herein for their willful, deliberate disobedience in not complying the orders of the Honble Court dated 11.02.2019 made in Contempt Petition (MD) No. 1897 of 2018 on the order made in WP (MD) No. 3799 of 2018 dated 01/08/2018.

Prayer in CONT P(MD).No.1897 of 2018 :

Contempt Petition is filed under section 11 of Contempt of Court's Act, praying this Hon'ble Court to pass suitable order for punishing the respondent for willfully disobeying the order made in W.P.(MD)No.3799 of 2018 dated 01.08.2018.

Prayer in WP(MD).No.3799 of 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 1st respondent to issue necessary direction to the 4th respondent to forbear in the cutting of the Juliflora trees by the petitioner in the lands bearing S.No.137/4, with Sub Division No.159, to an extent of 1 Acre 58 Cents and the land bearing the S.No.138/2, to an extent of 1 Acre 28 cents situated at Melapattamangalam Village within the taluk limit of Thiruppathur, based on the petitioners representation dated 15/05/2017 made to the 1st respondent.

ORDER:- Contempt Petition is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr. S.Natarajan, Advocate for the Petitioner and of Mr. M.Raja Rajan, Government Advocate on behalf of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT P(MD). No.1488 of 2019 the respondent, this Court made the following order: Heard the learned counsel on either side.

2.According to the petitioner, he has no claim on Survey No.138/1 in Mela Pattamangalam Village, Thiruppathur Taluk, Sivagangai District. He only wants to cut and remove the Karuvelam Trees standing in Survey No.138/2. Now, the dispute is arising regarding the location of Survey No.138/2. Only a proper and regular survey will furnish the solution. Therefore, the Tahsildar, Thiruppathur Taluk is directed to conduct the survey under the aegis of the District Surveyor. The survey will be done at 23.10.2019 from 08.00 a.m onwards. Survey report along with photographs shall be produced before this Court on 31.10.2019. 3.Call this case on 31.10.2019.

Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) TO 1 Mr.Palkish Babu,Village Administrative Officer, No. 82 P.Karunkulam Group, Pattamangalam Post, Thiruppathur Taluk, Sivagangai District.

2 Mr.Thangamani, Tahsildar, Thiruppathur Taluk, Thiruppathur, Sivagangai District.

Copy to:

The Section Officer, Contempt Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 18/10/2019 ==========================

ORDER

========================== CONT P(MD). No.1488 of 2019 Giving direction and etc.

as stated within.

KK/SAR/24.10.2019/2P-4C/ https://hcservices.ecourts.gov.in/hcservices/ 2/2