C. Sam Devadsan v. Selvakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.11.2022

CORAM:

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN in W.P(MD)No.17523 of 2021 C.Sam Devadasan ... Petitioner Vs.

Mr.Selvakumar, The Tahsildar, Thoothukudi Taluk & District.

... Respondent Prayer:- Contempt Petition is filed under Section 11 of Contempt of Courts Act, praying to punish the contemnor / 1st respondent for the willful disobedience of the order of this Court in W.P.(MD)No.17523 of 2021, dated 29.09.2021.

For Petitioner : Mr.S.Meenakshisundaram Senior Counsel for Mr.G.Prabhu Rajadurai For Respondent : Mr.D.Gandhiraj Special Government Pleader 1/5

ORDER

Alleging that the order of this Court in W.P.(MD)No.17523 of 2021, dated 29.09.2021, has not been complied with, the petitioner has come up before this Court with this Contempt Petition. 2.

This Court, vide order dated 29.09.2021, disposed of the said Writ Petition, directing the respondent/Tahsildar, Thoothukudi District, to consider the petitioner's representations, dated 19.04.2021 and 23.08.2021 and pass a reasoned order thereon after providing a reasonable opportunity to him and the joint Pattathars under Patta No.2073, and Manikandan, Murugesan and Mani, within a period of four months from the date of receipt of a copy of that order. 3.

The learned Special Government Pleader appearing for the respondent submitted that whenever the authorities are going to measure the property in question, some anti social elements are sitting inside the property and they are creating troubles, and hence, the authorities could not measure the same. Further, they have also put up some idols kind structure in the said property.

2/5

4.

The learned Senior Counsel appearing for the petitioner submitted that if sufficient police protection is given, the issue will be resolved and the police protection is necessary to measure the property, as some third parties are trying to object the measurement.

5.

Recording the aforesaid submission made by the learned counsel on either side, this Court directs the Inspector of Police, Pudukkottai Police Station, Tuticorin District, to provide necessary police protection while surveying the property, on payment of necessary charges to be paid by the petitioner. The respondent shall survey the property in question within a period of four weeks from today.

6.

This Contempt Petition is closed with the above direction. 07.11.2022 Index : Yes / No smn2 3/5

To Mr.Selvakumar, The Tahsildar, Thoothukudi Taluk & District.

Copy to:- 1.The Inspector of Police, Pudukkottai Police Station, Tuticorin District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

V.BHAVANI SUBBAROYAN, J.

smn2 07.11.2022 5/5