Mela Veeranjatti Urani Karpaga Vinayagar Kovil Trust v. P.Mathusoothan Reddy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2026

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)No.3684 of 2025 in W.P.(MD)No.10697 of 2021 Mela Veeranjatti Urani Karpaga Vinayagar Kovil Trust Rep.by its Trustee, R.M. Kannan, Mela Urani Road, Karaikudi, Sivagangai..

... Petitioner Vs.

P.Mathusoothan Reddy, The Commissioner of Survey and Settlement, Chepauk, Chennai.

... Respondent Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to punish the Contemnor/Respondent under the Contempt of Court Act for willful disobedience of order of this Court passed in W.P.(MD)No.10697 of 2021 dated 25.01.2023.

For Petitioner : Mr.H.Arumugam For Respondents : Mr.Veerakathiravan, Addl. Advocate General, Assisted by Mr.S.Shaji Bino, Spl. Government Pleader.

1/6

O R D E R

Heard both sides.

2.The petitioner herein filed W.P.(MD)No.10697 of 2021 challenging the order dated 28.05.2021 passed by the Commissioner of Survey and Settlement, Chepauk, Chennai. This writ petition was taken up along with another writ petition and both the writ petitions were disposed of by a common order in the following terms:- "4. In my view, the issue essentialy boils down to the question of identifying the properties covered by the respective pattas on ground. Thiru.L.Nachiappan claims 10 acres of land in old S.No.65/1 on the strength of patta dated 14.10.1983. The Trust also claims title over 10 acres of land in the very same survey number on the strength of patta dated 18.10.1983. It is true that the Commissioner of Survey and Settlement, Chepauk, Chennai had passed an order in favour of Thiru.L.Nachiappan on 28.05.2021 without hearing the Trust or their representative. Therefore the order, dated 28.05.2021 has to be interefered with on the ground of violation of principles of natural justice. 2/6

5. If a proper survey is undertaken and the land covered by the respective pattas are identified on ground, then it would give quietus to the entire issue. Even while setting aside the order dated 28.05.2021 passed by the Commissioner of Survey and Settlement, Chepauk, Chennai, the matter is remanded to his file. The Commissioner of Survey and Settlement, Chepauk, Chennai is directed to enquire both the parties and test their claims with reference to the relevant records and the situation on ground. The rights of the parties will abide by the eventual outcome of this exercise of identifying and demarcating the respective properties. This exercise shall be completed within a period of six (6) months from the date of receipt of a copy of this order. Both the writ petitions stand disposed of accordingly. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed."

3.Pursuant to the said direction given by this Court, the Commissioner of Survey and Settlement passed an order dated 05.11.2025. The learned counsel for the petitioner points out that the Commissioner of Survey and Settlement had gone beyond the terms of the order passed by this Court. In fact, there is considerable substance in this submission. Paragraph No.4 of the order dated 25.01.2023 proceeds on the footing that the rival parties had pattas in their names and that if a 3/6

demarcation exercise is carried out, the issue can be given a quietus. Now the Commissioner of Survey and Settlement had taken the stand that those pattas are themselves invalid. If that be so, such a stand should have been taken before me when the writ petitions were disposed of. In fact, the writ petitions were filed in the year 2021 and given disposal only after two years later. The authority had enough and more time to place all the relevant facts before me. They had not done so. I must express my displeasure over the manner in which the authorities defended the writ proceedings before me. Be that as it may, in this contempt petition proceeding, I do not want to delve beyond a point. The petitioner is very much having the liberty to challenge the order dated 05.11.2025.

4.With the aforesaid liberty to the petitioner and with the aforesaid adverse observations against the authorities, this contempt petition is closed.

23.01.2026 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6

To:- P.Mathusoothan Reddy, The Commissioner of Survey and Settlement, Chepauk, Chennai.

5/6

G.R.SWAMINATHAN, J.

ias Cont.P.(MD)No.3684 of 2025 in W.P.(MD)No.10697 of 2021 23.01.2026 6/6