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Madras High CourtCONT P(MD)/2819/2025closed

B.M.Suda v. S.Manoharan

2025-10-29Honourable Mr Justice Senthilkumar Ramamoorthy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.10.2025

CORAM

THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY Cont.P.(MD)No.2819 of 2025 in W.P.(MD)No.12395 of 2025 B.M.Suda

...Petitioner/Respondent No.4

Vs

1. S.Manoharan, S/o. Subramanian, Joint Registrar/Managing Director, A-1437 Madurai District Pandian Consumer Co-Operative Whole Sale Warehouse Limited, No.216, Theni Main Road, Mudakkusalai, Madurai.

...1st Contemnor/Writ petitioner

2. K.Kavitha, The Tahsildar, Thirupparankundram Taluk, Madurai District.

3. Venkatesan, The Head Surveyor, Thirupparankundram Taluk, Madurai District.

...Contemnor Nos.2 and 3/Respondent Nos.1 and 2 PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, 1971, to punish the Contemnors for the deliberate and willful disobedience of the order dated 28.04.2025 passed by this Court in W.P.(MD)No.12395 of 2025.

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For Petitioner : M/s.Ajmal Associates For Respondents : Mr.M.Muthumanikkam Government Advocate * * * * *

ORDER

The contempt petition is filed on the basis that the objections of the contempt petitioner/4th respondent in the writ petition were not considered before the survey was conducted in willful disobedience of order dated 28.04.2025.

2. Learned Government Advocate has placed on record documents relating to the survey. Such documents indicate that the survey was conducted on 04.09.2025. The documents enclosed with the contempt petition indicate that objections were sent on 03.09.2025. There is no evidence as to when such objections were received by the alleged contemnor.

3. The earlier order of this Court dated 28.04.2025 directs the conduct of a survey subject to the consideration of objections, if any. It also records that the official respondents may proceed with the survey if they find the objections frivolous. The documents disclose that the objections were sent on 03.09.2025 2/4

and there is no evidence that such objections were received before the survey was conducted on 04.09.2025. In these facts and circumstances, it cannot be concluded that there was willful disobedience. Therefore, this contempt petition is closed by leaving it open to the contempt petitioner to assail the survey in accordance with law.

29.10.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR To 1.The Joint Registrar/Managing Director, A-1437 Madurai District Pandian Consumer Co-Operative Whole Sale Warehouse Limited, No.216, Theni Main Road, Mudakkusalai, Madurai.

2.The Tahsildar, Thirupparankundram Taluk, Madurai District.

3. The Head Surveyor, Thirupparankundram Taluk, Madurai District.

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SENTHILKUMAR RAMAMOORTHY , J.

RJR Cont.P.(MD)No.2819 of 2025 in W.P.(MD)No.12395 of 2025 29.10.2025 4/4