Disposed

K.Venkatesaperumal v. K.v.Muralidharan, I.A.S

Madras HC8 Nov 2022CONT P(MD)/1199/2022

Case brief

AI extract

What is this about?

The Court closed the Contempt Petition (MD) No.1199 of 2022 alleging disobedience of an earlier order. After examining Government proceedings showing a pending civil suit regarding disputed property boundaries and usage rights, the Court held that the petitioner must seek redress through the pending civil litigation rather than via contempt proceedings.

What did the court decide?

Contempt Petition closed; grievance to be redressed by prosecuting the pending civil suit.

K.Venkatesaperumal Vs K.v.Muralidharan, I.A.S — Contempt of Court | Madras HC (2022)

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Cont.P.(MD)No.1199 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 08.11.2022

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CORAM

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THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

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Cont.P(MD).No.1199 of 2022 in

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W.P(MD).No.3169 of 2021

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K.Venkatesaperumal

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... Petitioner/Petitioner

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Vs.

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1.Mr.K.V.Muralidharan, IAS, District Collector, O/o.Collectorate, Theni District-625 531.

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2.Mr.Thirumurugan, Tahsildar, Andipatty Taluk, O/o.Taluk Office, Andipatty Taluk,

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Theni District.

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3.Mrs.Thennarasi, Land Survyor, Rajathani Firka, O/o.Tahsildar Office, Andipatty Taluk, Theni District. ...Contemnors/ Respondents

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PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents for wilfully and wantonly showing disrespect

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https://www.mhc.tn.gov.in/judis

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Cont.P.(MD)No.1199 of 2022

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and thereby disobeying this Court in W.P.(MD)No.3169 of 2022, dated 18.02.2022.

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For Petitioner : Mr.S.Balaji For Respondent : Mr.C.Satheesh Government Advocate

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O R D E R

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This Contempt petition has been filed alleging disobedience of the order passed by this Court in W.P.(MD)No.3169 of 2022, dated 18.02.2022.

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When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents herein had produced the proceedings of the respondent in Na.Ka.No.4934/2022/S1, dated 07.11.2022. It is stated in the proceedings that the disputed properties in Survey Nos.174/7, 176/1, 104/4B and 103/1 at Balakombai Village, Andipatti Taluk, Theni District is recorded as joint patta as per patta No.1153 in the village register. Further, a civil suit in O.S.No.56 of 2022 is also pending before the Civil Court between the parties. Hence, patta can be granted depending upon the outcome of the civil proceedings.

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https://www.mhc.tn.gov.in/judis

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Cont.P.(MD)No.1199 of 2022

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3.Recording the submission of the learned Government Advocate, this Contempt Petition is closed. However, since the petitioner was using S.No.176/4A to reach his property in Survey No.103/1 from the date on which the property devolved on the petitioner and his brothers. Since some objections were made by his brother/owner of Survey No.176/4A for using the same, the petitioner filed a civil suit as stated above and the same is pending. Hence, if the petitioner is having any grievance, he can redress the same by prosecuting the pending civil suit.

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08.11.2022 Index : Yes / No Internet : Yes / No ta To

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Mr.Kamaraj, Tahsildar, Aranthangi Taluk, Pudukottai District.

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https://www.mhc.tn.gov.in/judis

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Cont.P.(MD)No.1199 of 2022

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V.BHAVANI SUBBAROYAN,J.,

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Cont.P(MD).No.1199 of 2022 in W.P(MD).No.3169 of 2022

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08.11.2022

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https://www.mhc.tn.gov.in/judis

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K.Venkatesaperumal v. K.v.Muralidharan, I.A.S

Case brief

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K.Venkatesaperumal v. K.v.Muralidharan, I.A.S

Case brief

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