Madras High CourtCONT P(MD)/1698/2019closed

S.Manuvel v. Arulprakash

2019-11-29Honourable Mr Justice G.R.Swaminathan2 pages

1 CONT.P.(MD)No.1698 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2019

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P.(MD)No.1698 of 2019 IN W.P.(MD).No.22102 of 2018 S.Manuvel ... Petitioner/Petitioner Vs.

1. Arulprakash, Tahsildar, Pattukottai, Thanjavur District.

2. Selvakumar, Head Surveyor, Pattukottai Circle, Thanjavur District.

... Contemnors/Respondents PRAYER : Contempt petition is filed under Section 11 of the Contempt of Court Act, to punish the respondent herein for committing grave contempt and gross disobedience of the order passed by this Court in W.P.(MD)No.22102 of 2018 dated 12.03.2019. Prayer in WP(MD). 22102/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue Writ of Mandamus directing the respondents 1 to 3 herein to measure the lands comprised in Survey No.127-12B situated at Vottamkadu Village, Vottamkadu Panchayat, Thanjavur District and fix the boundaries of petitioner s lands of an extent of 10 cents in the said survey number by considering petitioner s application dated 27.08.2018 within the time stipulated.

For Petitioners : Mr.S.Sathya Chidambaram For Respondents : Mr.M.Rajarajan, Government Advocate(Crl.Side).

O R D E R

This Court by order dated 12.03.2019 had directed the authorities to complete the survey exercise. This direction was given based on the learned Government Advocate's statement that there is no rival claim. But when the field work was taken up, serious objections were raised and as a result the authorities could https://hcservices.ecourts.gov.in/hcservices/ 1/3

2 CONT.P.(MD)No.1698 of 2019 not carry out the survey exercise. Therefore, the first respondent issued proceedings dated 25.04.2019 rejecting the petitioner's claim based on the ground that there is a rival claim.

2. In as much as the direction given by this Court was based on the statement that there is no rival claim, the respondents cannot be faulted. The contempt petition stands closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) pmu To

1. The Tahsildar, Pattukottai, Thanjavur District.

2. The Head Surveyor, Pattukottai Circle, Thanjavur District.

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

+1 CC to M/s.GP ( SR-103021[F] dated 02/12/2019 ) CONT.P.(MD)No.1698 of 2019 IN W.P.(MD).No.22102 of 2018 29.11.2019 VB(17.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/3