In a Sub Application under Section 151 CPC and contempt proceedings, the Madurai Bench of the Madras High Court appointed an Advocate Commissioner to inspect disputed lands and water channels in Pudukkottai and submit a report.
Appointment of Advocate Commissioner to inspect spot and submit report on or before 17.12.2024; Application allowed.
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.
SUB A(MD). No.353 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Civil Appellate Jurisdiction
Friday, the Twenty Ninth day of November Two Thousand and Twenty Four
PRESENT
The HONOURABLE MRS. JUSTICE S.SRIMATHY
SUB A(MD). No.353 of 2024 in CONT.P.(MD).No.2182 of 2024
Thanganallukoothan
...Appellant/ Petitioner
Vs
1 S.K.Prabakar, IAS.,
The Additional Chief Secretary,
Revenue and Disaster Management, Secretariat,Chennai.
2 M.Aruna, I.A.S.,
The District Collector, Pudukkottai District, Pudukkottai.
The District Revenue Officer, The District Revenue Office, Pudukkottai District.
4 R.S.Kumaravelan,
The Block Development Officer, Aranthangai, Pudukkottai District.
1/5
SUB A(MD). No.353 of 2024
5 Shivy Murthy The Territory Manager Indian Oil Corporation Limited, Divisional Office, 3rd Shesathri Road, Thillai Nagar, Trichy & District. ... Respondents/Contemnors
Prayer in SUB A(MD). No.353/2024 :
Petition filed under Section 151 of C.P.C., Praying this Court to pass an order of appointing an advocate commissioner to inspect the lands as well as the retail outlet in S.F.No.62/2A4, situated Ettiyathali village, Aranthangi Taluk, Pudukottai District and note down the physical features as on date more particularly the service road and the water channel culvert if any therein along with help of qualified surveyor and file a comprehensive report to this Honourable Court along with sketch/ plan and relevant photos pending disposal of the above contempt pass such other or further orders as this Honourable Court.
Prayer in CONT P(MD). 2182/ 2024 :
Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents 1 to 5/contemnors for willful disobeyance to the orders of this Honourable Court dated 21.09.2023 in WP(MD). No.11089 of 2021 and punish respondents for contempt and pass such further or other orders as this Hon'ble Court.
ORDER:-
This Application on coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.V.R.Shanmuganthan, Advocate for the Applicant and of Thiru.C.Satheesh, Government Advocate for the 1 to 4th respondents and Thiru.M.Mohaboob Athif, Standing Counsel for the 5th Respondent, this Court made the following order:
2/5
SUB A(MD). No.353 of 2024
“Considering the facts and circumstances of the case, this Sub Application is allowed.
Pudur, Madurai – 7, Mobile No.7667327557 . The Advocate Commissioner is directed to inspect the spot and report Whether the fy;ntl;L is in existence? and Whether there is impediment in free flow of water? The Advocate Commissioner is further directed to issue notice to all the parties and thereafter inspect the spot in the presence of both the parties and their respective Counsels and submit a report before this Court on or before 17.12.2024. The Sub Applicant shall pay a sum of Rs.30,000/-as remuneration for the Advocate Commissioner.
Sd/Assistant Registrar( C.O ) // True Copy //
/12/2024 Sub Assistant Registrar (CS- I/ II / III / IV)
3/5
SUB A(MD). No.353 of 2024
TO
1 S.K.Prabakar, I.A.S.,
The Additional Chief Secretary, Revenue and Disaster Management, Secretariat,Chennai.
2 M.Aruna, I.A.S., The District Collector, Pudukkottai District, Pudukkottai.
3 Ramya Devi The District Revenue Officer, The District Revenue Office, Pudukkottai District.
4 R.S.Kumaravelan,
The Block Development Officer, Aranthangai, Pudukkottai District.
5 Shivy Murthy The Territory Manager Indian Oil Corporation Limited, Divisional Office, 3rd Shesathri Road, Thillai Nagar, Trichy & District.
Copy to:
The Section Officer, Judicial Section, Madurai Bench of Madras High Court, Madurai
4/5
SUB A(MD). No.353 of 2024
ORDER DATED : 29/11/2024 ==========================
ORDER
========================== SUB A(MD). No.353 of 2024 Giving direction and etc. as stated within.
KVL(10/12/2024) 5P 9C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
5/5
Thanganallukoothan
S.K. Prabakar
M. Aruna
Ramya Devi
R.S. Kumaravelan
Shivy Murthy
S. Srimathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
