The Madurai Bench of the Madras High Court dismissed a contempt petition. The court held that a temple and compound wall were on government land but did not deny the petitioner's access, allowing civil remedies for any alleged infringement of easementary rights.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cont.P.(MD) No.1420 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
Cont.P.(MD) No.1420 of 2023 in
W.P.(MD) No.3155 of 2023
Thirunavukarasu
... Petitioner
-vs-
C.Arumugam Commissioner Melur Municipality Madurai District ... Respondent
PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for the willful disobedience of the order passed by this Court in W.P.(MD) No.3155 of 2023, dated 16.02.2023.
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Cont.P.(MD) No.1420 of 2023
| For Petitioner | : Mr.K.Jeyamohan |
|---|---|
| For Respondent | : Mr.Veera Kathiravan |
| Additional Advocate General | |
| Mr.S.P.Maharajan | |
| Special Government Pleader | |
| Mr.K.Mahendran | |
| for R4 in W.P.(MD) No.3155 of 2023 |
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.]
This contempt petition has been filed alleging willful disobedience
of the order, dated 16.02.2023, made in W.P.(MD) No.3155 of 2023.
2. It is not in dispute that the writ order has been passed at the admission stage.
3. Learned counsel appearing for the fourth respondent in the writ petition made a submission that the authorities have not afforded any opportunity to the fourth respondent, namely, Duraipandi to defend his case.
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Cont.P.(MD) No.1420 of 2023
4. Learned counsel appearing for the contempt petitioner made a submission that the respondent herein has failed to implement the order passed by this Court willfully knowing the fact the fourth respondent in the writ proceedings with the assistance of the village people put up some illegal construction in the public land.
5. Learned Additional Advocate General appearing for the respondent made a submission that the authorities inspected the subject land and found that a temple has been constructed in the land classified as “Mandhai”. Even three idols are installed in the land classified as “Mandhai”.
6. Learned counsel for the petitioner objected the said contention by stating that the idols are installed on the road along with the compound wall, which is also an illegal construction.
7. We have perused the sketch produced by the respondent. As per the sketch produced, idols are installed in the land classified as “Mandhai” and a compound wall has also been constructed therein. By virtue of the said
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Cont.P.(MD) No.1420 of 2023
compound wall, access to the petitioner's land has not been denied and the fourth respondent in W.P.(MD) No.3155 of 2023 undertakes that he is not objecting the petitioner to have access to his property through the existing road. That apart, other street is also available for the usage of the petitioner on the southern side of his property. If at all the petitioner is of the opinion that his civil rights are affected, he is at liberty to institute a civil suit before the competent court of law for the purpose of establishing his civil rights, including easmentary right.
[S.M.S., J.] [L.V.G., J.] 21.11.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
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Cont.P.(MD) No.1420 of 2023
S.M.SUBRAMANIAM, J. and L.VICTORIA GOWRI, J.
krk
Cont.P.(MD) No.1420 of 2023
21.11.2023
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2 issues framed by the court
Whether the contempt petitioner established willful disobedience of the writ order.
Whether construction of a temple wall denied access to the petitioner's land.
Thirunavukarasu
C.Arumugam, Commissioner Melur Municipality Madurai District
S.M.SUBRAMANIAM
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
