Madras High Court
Adhikesavareddy vs Mr.Alby John Varghese I.A.S on 21 April, 2023
Contempt Petition No.981 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.04.2023
CORAM :
THE HONOURABLE MR. JUSTICE R. MAHADEVAN
and
THE HONOURABLE MR. JUSTICE MOHAMMED SHAFFIQ
Contempt Petition No.981 of 2023
Adhikesavareddy .. Petitioner
Versus
1. Mr.Alby John Varghese I.A.S.,
The District Collector,
Tiruvallur District, Tiruvallur.
2. Mr.Jothi,
The Revenue Divisional Officer,
Tiruvallur, Tiruvallur District.
3. Ms.Vasanthi,
The Tahsildhar,
Oothukottai Taluk,
Tiruvallur District. .. Respondents
Petition filed under Section 11 of the Contempt of Court Act, 1971, to
punish the respondents for their wilful disobedience in not complying with the
Order dated 03.02.2023 passed by this Court in W.P.No.2724 of 2023.
For Petitioner : Mr. M.R. Jothimanian
For Respondents : Mr. A. Selvendran
Special Government Pleader
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Contempt Petition No.981 of 2023
ORDER
(Order of the Court was made by R. MAHADEVAN, J.)
The petitioner has filed the writ petition No. 2724 of 2023 by stating
that the land in Survey No.146/3, even though classified as "Thoppu
Poramboke" is used by the Villagers for a long time for cattle rearing. When
the respondents intended to utilise the said land for accommodating the people
belonging to Scheduled Caste and Scheduled Tribe by issuing free house site
patta to them, the petitioner and others in the Village raised objection for the
same and requested the authorities to provide alternative land for the land in
Survey No.146/3. In this context, they made a representation dated
24.11.2022, but the same was not considered by the authorities.
2. This Court, by order dated 03.02.2023, disposed of the aforesaid
writ petition bearing no.2724 of 2023, directing the second respondent to
consider the petitioner's objection dated 24.11.2022, before taking a final
decision in relation to allotment of house site to the people belonging to
Scheduled Caste in the land in Survey No.146/3 in Lakchivakkam Village,
afford an opportunity of hearing to the petitioner and others concerned and
pass appropriate orders, on merits and in accordance with law and also in the
light of the Judgment dated 02.02.2022 passed in W.P. No. 19286 of 2021
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Contempt Petition No.981 of 2023
(Raja Vs.The Secretary and others). Since the said direction has not been
complied by the respondent authorities, the petitioner has come up with this
contempt petition.
3. The learned counsel appearing for the petitioner submitted that
the respondent authorities have not taken steps to comply with the order of this
Court dated 03.02.2023 and no enquiry was conducted, till date. On the other
hand, they are attempting to issue free house site patta by re-classifying the
lands classified as "thoppu" and "Meikal Poramboke".
4. Per contra, the learned Special Government Pleader appearing for
the respondents produced a copy of the order dated 24.02.2023 passed in
WP.No.5894 of 2023, wherein, one Manikandan of Thiruvallur District has
sought a Writ of Mandamus directing the respondents to convert the land in
Survey No.146/3 into house site; and the Division Bench of this court has
passed the following order:
"3. At this stage, learned Additional Advocate General assisted
by Special Government Pleader appearing for the respondents,
placing on record the proceedings of the District Collector,
Tiruvallur, dated 10.01.2023, submitted that the respondents have also
considered the availability of the adjacent land, as pleaded by learned
counsel for the petitioner, but considering the fact that it is classified
as "Meikkal Poramboke" in the revenue records, which cannot be
allotted for habitation, the respondent authorities have chosen the
present land for issuance of pattas to the landless poor.
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Contempt Petition No.981 of 2023
4. In view of the specific stand taken by the learned Additional
Advocate General after considering the pros and cons of the suitability
of the land now sought to be allotted to the landless poor, this Court
finds no reason to entertain the writ petition. The writ petition is,
accordingly, closed. However, the respondent authorities are directed
to ensure that the damage to the nature, in the extent of 3440 sq.mtrs.
sought to be allotted, shall be minimal. The respondent authorities
shall make earnest efforts to ensure that the old trees standing in the
3440sq.mtrs. are protected. There will be no order as to costs.
Consequently, W.M.P.No.5898 of 2023 is closed."
Therefore, the learned counsel submitted that the claim of the petitioner cannot
be acceded to by the respondent authorities, without conducting proper
enquiry about the nature of the subject land.
5. In view of the submissions so made by the learned counsel for
both sides, this contempt petition stands closed, by directing the respondent
authorities to consider the objection of the petitioner by conducting proper
enquiry, on merits and in accordance with law, after providing an opportunity
of hearing to all the parties and thereafter, proceed further as directed by the
Division Bench of this Court in the order dated 24.02.2023 made in WP No.
5894 of 2023 mentioned supra.
[R.M.D., J.] [M.S.Q., J.]
21.04.2023
Index : Yes / No
Internet : Yes / No
av
https://www.mhc.tn.gov.in/judis
Contempt Petition No.981 of 2023
R. MAHADEVAN, J.
and
MOHAMMED SHAFFIQ, J.
av
Contempt Petition No.981 of 2023
21.04.2023
https://www.mhc.tn.gov.in/judis
