V.Chinnakaruppan v. Anand

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN CONT.P(MD)No.1540 of 2022 and W.P(MD)No.2665 of 2022 V.Chinnakaruppan ..Petitioner/Petitioner Vs Anand, The Taluk Surveyor, Taluk Office, Thirumayam Taluk, Pudukkottai District - 622 507 ..Contemnor/second Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the Contemnor/second respondent and to punish him for his wilful disobedience in not implementing the order of this Court made in W.P(MD)No.2665 of 2022, dated 10.2.2022.

For Petitioner :Mr.B.Rooban For Respondent :Mr.D.Gandhiraj Special Govt.Pleader

ORDER

This Contempt Petition is filed seeking to initiate contempt proceedings against the Contemnor/second respondent and to punish him for his wilful disobedience in not implementing the order of this Court

made in W.P(MD)No.2665 of 2022, dated 10.2.2022. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3.When the matter is taken up for hearing today,the learned Special Government Pleader appearing for the respondent has produced a communication of the respondent, dated 29.7.2022, stating that when the eastern portion of the subject matter property of the Petitioner was surveyed, it was objected to by the Village people on the ground that an appeal is pending before the District Revenue Officer, Pudukkottai in respect of the subject-property in the Writ Petition. 4.In view of the above, this Court is of the view that there is no wilful default on the part of the respondent/Contemnor and as such, no contempt is made out. Accordingly,the Contempt Petition is closed. No costs. The Petitioner is at liberty to survey the property in question, as sought for in the above Writ Petition, with Police protection, if needed, if so advised.

23.11.2022 Index : Yes/No Internet:Yes/No vsn

To Anand, The Taluk Surveyor, Taluk Office, Thirumayam Taluk, Pudukkottai District - 622 507

V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN CONT.P(MD)No.1540 of 2022 and W.P(MD)No.2665 of 2022 23.11.2022