Special Government Pleader for respondents submitted compliance with a court order directing a land survey, noting the petitioner did not raise objections. The bench held survey does not confer property rights and dismissed the petition.
Contempt petition closed at the Sub Application stage without punishment for respondents.
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)SR No.95767 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Sub Application (MD) No.27 of 2024 in CONT.P.(MD)SR No.95767 of 2023 in WP(MD) No.21886 of 2023
Mr.Dhandayuthapani ... Petitioner Vs 1.Mr.Sheik Abdullah The Tahsildar, Revenue Department, Manamelkudi Taluk, Pudukkottai.
2.Mr.Chellathurai, The Firka Surveyor, Manamelkudi Taluk, Pudukkottai. ...Contemnors/Respondent
PRAYER in CONT.P.(MD)SR No.95767 of 2023: Contempt
Petition filed under Section 11 of the Contempt of Courts Act, praying this Court to punish the contemnors/respondents under the provisions of Contempt of Courts Act 1971 for their willful and deliberate disobedience of the order passed by this Court in WP(MD) No.21886 of 2023, dated 08.09.2023.
1/5
CONT.P.(MD)SR No.95767 of 2023
| For Petitioner :Mr.S.Bageerathan |
|---|
| For Respondents :Mrs.D.Farjana Ghoushia |
| Special Government Pleader |
O R D E R
The third respondent in WP(MD) No. 21886 of 2023 has filed this contempt petition as against the respondents that the order of this Court in the above writ petition has not been complied with. According to this petitioner, the respondents have not considered the objections of the third respondent at the time of conducting the survey.
2.This Court, while disposing of WP(MD) No.21886 of 2023, by order dated 08.09.2023 has directed the respondents therein to conduct the survey on the application filed by one Sakthivel in the following terms:-
2/5
CONT.P.(MD)SR No.95767 of 2023
necessary police protection. The said exercise shall be completed within 12 weeks from the date of receipt of a copy of this order.”
3.The learned Special Government Pleader appearing for
the respondents submits that the respondents have issued a notice to the third respondent /the petitioner herein for conducting survey on 01.11.2023 and they have conducted the survey on 06.11.2023. However, the petitioner herein has not raised any objections at that relevant point of time. A further notice was issued on 06.11.2023 and survey was once again conducted on 17.11.2023. Even at that time, the petitioner herein has not raised any objections and therefore, the official respondents have proceeded with the survey and conclude the same.
4.This Court considered the rival submissions made and
also perused the materials placed on record.
5.Survey does not confer any right on the parties over
the property. If the petitioner is having any grievance, he can work
CONT.P.(MD)SR No.95767 of 2023
out his remedy before the competent civil Court. This Court is not inclined to entertain this application and accordingly this Contempt petition is closed at the SR stage itself.
22.03.2024
Index:Yes/No Internet:Yes/No vrn
To
1.Mr.Sheik Abdullah The Tahsildar, Revenue Department, Manamelkudi Taluk, Pudukkottai.
2.Mr.Chellathurai, The Firka Surveyor, Manamelkudi Taluk, Pudukkottai.
4/5
CONT.P.(MD)SR No.95767 of 2023
B.PUGALENDHI, J.
vrn
Order made in Sub Application (MD) No.27 of 2024 in CONT.P.(MD)SR No.95767 of 2023 in WP(MD) No.21886 of 2023
22.03.2024
2 issues framed by the court
Whether this Court should entertain a contempt petition regarding non-compliance of an order directing a survey, when the petitioner failed to raise objections during the survey.
Whether a survey conducted under a court order confers any proprietary right on the parties.
2 provisions across 2 enactments
Mr. Dhandayuthapani
Mr. Sheik Abdullah
Mr. Chellathurai
B. PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
