Ps.Saravanan v. Madhusoodhan Reddy, I.A.S.,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:30.01.2023
CORAM:
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY CONT.P(MD)NO.1418 OF 2022 in W.P(MD)No.1409 of 2022 and REV.APLC(MD)No.31 of 2022 in W.P(MD)No.1409 of 2022 and W.M.P(MD)No.5140 of 2022 CONT.P(MD)NO.1418 OF 2022 PS.Saravanan :Petitioner/Writ Petitioner .vs.
1.Madhusoodhan Reddy, I.A.S., The District Collector, 2.S.Prabakaran, The Revenue Divisional officer, 3.Manickavasagam, The Tahsildar, 4.Ka.Kesavan, The Block Development Officer, 1/7
5.Vairamuthu Anbarasu, The President, Illuppakudi Panchayat, :Contemnors/Respondents. 1 to 5 REV.APLC(MD)No.31 of 2022 Paulpandi :Petitioner/6th RespondentNo.2 /vs/ 1.PS.Saravanan :Ist Respondent/Petitioner 2.The District Collector, 3.The Revenue Divisional officer, 4.The Tahsildar, 5.The Block Development Officer, 6.The President, Illupakudi Panchayat, :Respondents 2 to 6/ Respondents 1 to 5 PRAYER in Contempt P(MD)No.1418 of 2022: Contempt Petition filed under Section 11 of the Contempt of Courts Act 2/7
praying this Court to punish upon the Contemnors/respondents 1 to 5 for their wilful disobedience of the order passed by this Court in W.P(MD)No.1409 of 2022, dated 28.01.2022.
PRAYER in REV.APLC(MD)No.31 of 2022: Review Application filed under Order 47 Rule 1 and 2 r/w Section 114 of Civil Procedure Code praying this Court to review the order made in W.P(MD)No.1409 of 2022, dated 28.01.2022.
CONT.P(MD)NO.1418 OF 2022 For Petitioner :Mr.AN.Ramanathan For Respondents :Mr.D.Sasikumar Addl.Govt.Pleader REV.APLC(MD)NO.31 OF 2022 For Petitioner :Mrs.P.Kalaiyarasi Bharathi For Respondents :Mr.D.Sasikumar 2 to 6 Addl.Govt.Pleader COMMON ORDER ************* DR.G.JAYACHANDRAN,J AND S.SRIMATHY,J The learned Additional Government Pleader appearing for the Contemnors submitted that the alleged encroachment been removed and it is reported that on 09.01.2023 barred wire fencing 3/7
been removed after fixing the boundary stones. The learned Additional Government Pleader would further submit that a civil suit is pending between the parties regarding title. 2.Pending the Contempt Petition, the Contempt Petitioner/sixth respondent in the Writ Petition has filed a Review Petition which was taken on file as REV.APLC(MD)No.31 of 2022, wherein, brought out the fact that a civil dispute is pending between the Writ Petitioner and the sixth respondent in the Writ Petition and suppressing the said fact, the Writ Petition been filed. 3.The learned Additional Government Pleader appearing for the Contemnors also states that presently O.S.No.41 of 2023 is pending before the District Munsif Court, Karaikudi regarding the title over the disputed portion of the subject-matter land. 4.In view of the above circumstances, it is suffice to hold that the outcome of the said civil suit will prevail upon the summary order passed in the Writ Petition.
5.With this observation, the contempt Petition as well as the 4/7
Review Application stand closed. No costs. Consequently, connected Writ Miscellaneous Petition is closed.
[G.J.,J.] [S.S.Y.,J.] 30.01.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To CONT.P(MD)NO.1418 OF 2022 1.Madhusoodhan Reddy, I.A.S., The District Collector, 2.S.Prabakaran, The Revenue Divisional officer, 3.Manickavasagam, The Tahsildar, 4.Ka.Kesavan, The Block Development Officer, 5.Vairamuthu Anbarasu, The President, Illuppakudi Panchayat, 5/7
REV.APLC(MD)No.31 of 2022 1.The District Collector, 2.The Revenue Divisional officer, 3.The Tahsildar, 4.The Block Development Officer, 5.The President, Illupakudi Panchayat, 6/7
DR.G.JAYACHANDRAN, J.
AND S.SRIMATHY,J.
vsn COMMON 0RDER MADE IN CONT.P(MD)NO.1418 OF 2022 in W.P(MD)No.1409 of 2022 and REV.APLC(MD)No.31 of 2022 in W.P(MD)No.1409 of 2022 and W.M.P(MD)No.5140 of 2022 30.01.2023 7/7