J.S.Leyron Morais v. S.Shanmugavelvan
Case brief
What is this about?
This Order disposed of a contempt petition alleging non-compliance with a written direction to survey specific lands. The Court accepted a communication indicating compliance noted a third-party dispute requiring resolution in a Civil Court, and closed the petition without ruling on the contempt charge.
What did the court decide?
Contempt Petition stood closed without order of punishment.
What the court decided
Cont P(MD).No.468 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2020 CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont P(MD).No.468 of 2020 in W.P.(MD).No.2628 of 2019
J.S.Leyron Morais ...Petitioner/Petitioner
Vs.
S.Shanmugavelvan, Tahsildar, Taluk Office, Tiruchirappalli East, Teppakkulam, Tiruchirappalli-2.
...Contemnor / 2nd Respondent
PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnor / respondent for his willful disobedience of the order passed by this Court dated 18.02.2019 in W.P.(MD).No.2628 of 2019.
Prayer in WP(MD). 2628 of2019 :
Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, to direct the respondents to survey the petitioners lands in Old S.F.No.225/1 part, New T.S.No.13/3, 13/5 (Survey Ward No.AW, Block No.11) situated at Kottapattu village, Tiruchirappalli Taluk, Tiruchirappalli District and fix the boundary stone and consider the representation dated 15.12.2018.
Issues for consideration
2 issues framed by the court
Whether to punish the respondent for alleged willful disobedience of an order directing a land survey.
Whether the dispute regarding land boundary requires adjudication before the jurisdictional Civil Court instead of contempt proceedings.
Parties & counsel
- petitioner
J.S.Leyron Morais
- respondent
S.Shanmugavelvan
Coram
G.R.Swaminathan
Case details
As recorded by the court registry
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