Madras High CourtCONT P(MD)/2075/2023closed

Balakumar, v. K.Vignesh

2023-11-06Honourable Mr Justice G.R.Swaminathan6 pages

1 CONT.P.(MD)NO.2075 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.15714 of 2023 AND CONT.P.(MD)No.2075 of 2023 IN W.P.(MD)No.3978 of 2023 W.P.(MD)No.15714 of 2023 P.Nehru ... Petitioner Vs.

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Trichy District.

3. The Tahsildar, Trichy District.

4. The Deputy Surveyor, Trichy District.

5. Balakumar ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to conclude the enquiry pending in his proceedings in Na.Ka.A1/7004/2022 based on the 1/6

2 CONT.P.(MD)NO.2075 OF 2023 representation sent by the petitioner dated 22.06.2023 within a stipulated time as fixed by this Court.

For Petitioner : Mr.N.Ananda Kumar For R-1 to R-4 : Mr.S.Ra.Ramachandran, Additional Government Pleader.

For R-5 : Mr.T.Lenin Kumar * * * CONT.P.(MD)No.2075 of 2023 Balakumar ... Petitioner / Petitioner Vs.

Mr.K.Vignesh, Tahsildar, Trichy District. ... Contemnor / Respondent Prayer: Contempt petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor / respondent for his willful and deliberate disobedience of the order of this Court passed in W.P.(MD)No.3978 of 2023 dated 01.03.2023.

For Petitioner : Mr.T.Lenin Kumar For Respondent : Mr.K.Balasubramani, Special Government Pleader.

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3 CONT.P.(MD)NO.2075 OF 2023 C O M M O N O R D E R Heard both sides.

2. Thiru.Balakumar filed W.P.(MD)No.3978 of 2023 for conducting survey in respect of the petition-mentioned lands. The writ petition was disposed of on 01.03.2023 by issuing certain directions. Contending that the order passed by this Court has not been complied with, the present contempt petition came to be filed.

3. The objector is one Nehru. He filed W.P.(MD) No.15714 of 2023 for directing the Tahsildar, Lalgudi to conclude the patta proceedings.

4. When the matter was taken up together, the learned Additional Government Pleader submitted that the issue essentially pertains to UDR entry. Therefore, the District Revenue Officer, Trichy is the authority competent to decide the issue. Therefore, the Tahsildar, Lalgudi has forwarded all the relevant papers to the District Revenue Officer on 03.11.2023.

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4 CONT.P.(MD)NO.2075 OF 2023

5. The District Revenue Officer, Trichy shall hold an enquiry on 11.12.2023 at 3.00p.m. Neither Balakumar nor Nehru will receive any separate notices. It is open to the District Revenue Officer to issue notice to all interested parties if any. After holding enquiry, order on merits and in accordance with law will be passed within a period of three months thereafter. W.P.(MD)No.15714 of 2023 is disposed of. No costs. Cont.P.(MD)No.2075 of 2023 is closed. 06.11.2023 NCS : Yes / No Index : Yes / No Internet : Yes/ No PMU 4/6

5 CONT.P.(MD)NO.2075 OF 2023 To:

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Trichy District.

3. The Tahsildar, Trichy District.

4. The Deputy Surveyor, Trichy District.

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6 CONT.P.(MD)NO.2075 OF 2023 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.15714 of 2023 AND CONT.P.(MD)No.2075 of 2023 IN W.P.(MD)No.3978 of 2023 06.11.2023 6/6