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Madras High CourtCONT P(MD)/302/2025dismissed

T.Murugan v. Dr.V.P.Jeya Seelan

2025-02-21Honourable Mr Justice P.B. Balaji6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI T.Murugan ... Petitioner /Vs./ 1.Dr.V.P.Jeya Seelan, The District Collector, Virudhunagar District, Virudhunagar.

2.R.Rajendran, The District Revenue Officer, O/o. the District Revenue Office, Virudhunagar District, Virudhunagar.

3.Vallikannu, The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Virudhunagar ,Virudhunagar District.

4.S.Mareeswaran, The Tahsildar, Kariyapatti Taluk, Virudhunagar District.

... Respondents 1/6

P RAYER : Petition filed under Section 11 of Contempt of Courts Act 1971, to punish the Contemnors for their wanton and willful disobedience of the order passed by this Court in WP(MD) No.21922 of 2022 dated 14.10.2022.

For Petitioner : Mr.P.Veerapandi For Respondents : Mr.S.Kameswaran, Government Advocate

ORDER

This contempt petition has been filed alleging wilful disobedience of the order dated 14.10.2022 passed in W.P.(MD)No.21922 of 2022.

2. According to the learned counsel for the petitioner, the petitioner is entitled to patta to an extent of 3 cents. However, the respondents have partly complied with the order of this Court and issued patta in respect of 1 cent alone. Therefore, the petitioner alleges that the respondents have committed contempt of this Court order dated 14.10.2022. 2/6

3. Per contra, Mr.S.Kameswaran, learned Government Advocate would submit that the Writ Petition was only disposed of with a direction to the respondents to consider the representation of the petitioner dated 25.05.2022 and therefore, when even according to the petitioner, the order has been passed issuing patta to the petitioner, the only course open to the petitioner is to challenge the said order, if aggrieved and not file the contempt petition.

4. I have carefully considered the submissions advanced by the learned counsel on either side.

5. I have also gone through the order of this Court dated 14.10.2022. There is no positive direction to issue patta to the petitioner in respect of 3 cents and only a direction was issued to the respondents to consider the petitioner's representation dated 25.05.2022. There has been an order though not to taste of the petitioner. If at all, the petitioner is aggrieved by the order of the respondents issuing patta for lesser extent, it is only open to the petitioner to challenge the said order in a manner 3/6

known to law and cannot file contempt petition alleging willful disobedience.

6. In view of the above, I do not see any merit in the contempt petition. Hence, this Contempt Petition is dismissed with liberty to the petitioner to prefer an appeal in accordance with law in the event of being aggrieved by the order passed by the respondents. There shall be no order as to costs.

Index : Yes / No 21.02.2025 NCC : Yes / No vsm 4/6

TO:- 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, O/o. the District Revenue Office, Virudhunagar District, Virudhunagar.

3.The Revenue Divisional Officer, O/o. the Revenue Divisional Office, Virudhunagar ,Virudhunagar District.

4.The Tahsildar, Kariyapatti Taluk, Virudhunagar District.

5/6

P.B. BALAJI , J.

vsm Order made in Dated:

21.02.2025 6/6