M/S. Hotel Ornate (Nilgires) v. Wilsondevadoss

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Thirteenth day of March Two Thousand and Twenty Five PRESENT The HONOURABLE MR.JUSTICE P.B.BALAJI CONT P(MD).NO.1244 of 2015 M/s. Hotel Ornate (Nilgires)Private Limited Represented by its Managing Director No.310, Veer Savarkar Marg, Dadar, Mumbai.

Rep by General of Attorney Holder Srinivasan.

... Petitioner/Petitioner Vs 1 Wilsondevadoss, Thasildar, Kodaikanal Taluk Kodaikanal.

(Present Respondent is Impleaded Vide Court Order Dated 23.7.2019) ... Contemnor/3rd Respondent Prayer :

Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent herein for committing contempt of this Court by willfully disobeying the order passed by this Court in W.P.(MD) No.8491 of 2015, dated 21.05.2015.

Prayer in WP(MD). 8491/ 2015 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a writ of Mandamus directing the 3rd respondent to survey the petitioners property by implementing the order of the 3rd respondent made vide Na.ka.no.5623/2003/A2 dated 23.12.2003 and pass such other order or orders as this Hon'ble Court may deem fit. ORDER:- This Contempt Petition is coming on for hearing on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.R.Harinath, Advocate for the Petitioner and of Mr.B.Saravanan Additional Government Pleader for the respondent, this Court made the following order:

The learned Additional Government Pleader submits that authorities are willing to conduct the survey and the difficulty is that the boundaries are not being marked or identified and since the larger extent of 28 acres, the petitioner's request cannot be acceded to.

2.However, the learned Counsel for the petitioner submits that petitioner's vendor's family members have effected a partition and the parties have been allotted specific portions with four distinct boundaries. It has been effected through a compromise

decree in a suit for partition. Therefore, according to the petitioner, there is no difficulty in locating or identifying the petitioner's property.

3.The petitioner shall submit all the relevant documents to the respondent/ Tahsildar and on receipt of such document, the respondent shall take the assistance of the jurisdictional Police Station and shall proceed to conduct the survey and comply with the orders of this Court in the Writ Petition. The said exercise shall be completed within a period of four weeks from today. 4.Post the matter for reporting compliance on 21.04.2025. Sd/- Assistant Registrar (CS III) // True Copy // /03/2025 Sub Assistant Registrar (CS - I/ II / III /IV) TO

1. The Thasildar, Kodaikanal Taluk, Kodaikanal.

2. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai Copy to:

The Section Officer, Contempt Section, Madurai Bench of Madras High Court, Madurai

ORDER DATED : 13/03/2025 NEXT DATE : 21/04/2025 ==========================

ORDER

========================== CONT P(MD).NO.1244 of 2015 Giving direction and etc.

as stated within.

KR/25.03.2025 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023