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2025 DAILYLAW 166311 (MAD)

V.Saravanan v. R.Amarnath

CONT P(MD)/3039/2024 · 2025-01-27

N Mala

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Cont.P.(MD) No.3039 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2025 CORAM: THE HONOURABLE MRS.JUSTICE N.MALA CONT.P.(MD) No.3039 of 2024 V.Saravanan ... Petitioner Vs Mr.R.Amarnath, Tahsildar, Thiruvadanai Taluk Office, Thiruvadanai, Ramanathapuram District. ... Respondent PRAYER: Petition is filed under Section 11 of Contempt of Courts Act, to punish the respondent for wilful disobedience of the order passed by this Court in W.P(MD) No.2865 of 2024, dated 12.02.2024. For Petitioner : Mr.C.Asaithambi For Respondent : Mr.A.Kannan, Addl. Govt. Pleader. ____________ https://www.mhc.tn.gov.in/judis Cont.P.(MD) No.3039 of 2024 ORDER Petitioner has filed this Contempt Petition, alleging violation of the order of this Court, dated 12.02.2024, passed in W.P.(MD) No.2865 of 2024. 2. According to the petitioner, this Court issued a slew of directions for conduct of survey in the aforesaid writ petition and there was violation of Condition No.(II) of the said directions. 3. Learned counsel for the petitioner submits that the petitioner has no document of title, but only has joint patta issued in his favour, along with others. 4. Condition No.(II) of the order of this Court in the aforesaid writ petition is as follows : ''(II). The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his/her name. If he/she is having joint patta, co-pattadars must give their consent for conducting survey.'' The interpretation of the petitioner of the aforesaid condition is that, co- pattadars are bound to give consent for survey, and, as the consent of the co- pattadars was not taken and survey was not conducted, the learned counsel submits that the respondent is guilty of contempt. ____________ https://www.mhc.tn.gov.in/judis Cont.P.(MD) No.3039 of 2024 5. I do not find any merit in the above submission of the learned counsel for the petitioner. The interpretation put forth by the learned counsel to direction No.(II) of this Court is fallacious. This Court only stated that in case the applicant was holding joint patta, he or she had to obtain consent from all co-pattadars, for conducting survey, which was, admittedly, not done by the petitioner. 6. Contempt Petition is, therefore, dismissed, as devoid of merit. 27.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No dixit ____________ https://www.mhc.tn.gov.in/judis Cont.P.(MD) No.3039 of 2024 N.MALA, J. dixit CONT.P.(MD) No.3039 of 2024 27.01.2025 ____________ https://www.mhc.tn.gov.in/judis