Madras High Court
K.Manoharan vs Srvan Kumar Jathavath on 24 November, 2023
Cont.P.No.1544 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2023
CORAM
THE HONOURABLE MRS.JUSTICE BHAVANI SUBBAROYAN
Cont.P.No.1544 of 2023
K.Manoharan ... Petitioner
Vs.
1. Srvan Kumar Jathavath
The District Collector,
Collectorate Office,
Kallakurichi District.
2. Sathiya Narayanan
The Tahsildar,
Kallakurichi Taluk,
Kallakurichi District. ... Respondents
Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts
Act, to punish the respondents for the non compliance of the order passed in
WP.No.17854 of 2021 dated 25.08.2021.
For Petitioner : Mr.K.Sudhakar S.Dhilipan
For Respondents : Mr.L.S.M.Hasan Fizal
Additional Government Pleader
for R1 and R2
Mr.R.Agilesh
1/5
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Cont.P.No.1544 of 2023
ORDER
This Contempt Petition has been filed under Section 11 of the
Contempt of Courts Act, to punish the respondents for the non compliance
of the order passed in WP.No.17854 of 2021 dated 25.08.2021.
2. From a perusal of materials available on record, it is seen that the
petitioner herein has purchased the property from one Abubakkar through
their Power Agent, vide Sale Deed in Document No.1551 of 2000 dated
19.07.2000. Earlier, as there was a dispute between the third respondent
and one Abubakkar and others with respect to the land measuring about
1.88 acres in Survey No.237/10 in the property Out of 1.88 acres in the said
Survey No.237/10, the said Abubakkar and others have been alloted to the
extent of 56 cents and the remaining extent of 1.32 acres was alloted to one
V.Durairaj, the respondent in S.A.No.1281 of 1991. As per the Judgment
dated 18.04.2000 in S.A.No.1281 of 1991, which was filed against the
judgment decree in A.S.No.77 of 1988, confirming the judgment and decree
in O.S.No.251 of 1979, the parties have entered into a compromise on
19.01.2000 and the beneficiary is the then minor fourth appellant. The said
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second appeal was disposed of in terms of the compromise memo which
forms the part of the said decree. Accordingly, the petitioner's vendors will
take up 56 cents of land on the south in 1.88 acres in RS.No.237 /10
absolutely in Kareemsha Thakka Village, Hamlet of Prithivimangalam
Village, Kallakurichi Taluk, Villupuram District. As per the compromise
memo, the third respondent in the writ petition will take 1 acre and 32 cents
of land on the north 1.88 cents dry in R.S.No.237/2010 in the same village.
Regarding the well, the petitioner's vendors have got no claim at all. So,
accordingly as per the terms, the petitioner's vendors are entitled for 56
cents which has been sold to him and the petitioner herein also obtained an
order from this Court for measuring the land and allotting him the
appropriate portion.
3. Accordingly, the Tahsildar concerned is liable to measure 56 cents
in the southern side of the portion, which has to be given to this petitioner.
Regarding the remaining portion, the third respondent in the writ petition is
entitled for the same and according to him, there is some other litigation is
pending between him and Abubakkar and he is entitled to 1 acre 32 cents.
The said third respondent in the writ petition is at liberty to proceed against
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the said person in the manner known to law. It is submitted by the learned
counsel that he is ready and willing to file a petition. Regarding the
purchase of land measuring 8 cents in Survey No.245/3 which is not
forming part of the said compromise decree, the petitioner cannot claim the
same from the said third respondent in the writ petition and it is for the
petitioner to work out his remedy before the competent authorities and
Forum.
4. As directed by this Court vide order dated 17.11.2023,
Mr.K.Prabakaran, Tahsildar, Kallakurichi is present before this Court today
and his personal appearance is dispensed with.
5. With the above observation, the contempt petition stands disposed
of.
6. Post the matter on 22.12.2023 'for reporting compliance'.
24.11.2023
Vv
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V.BHAVANI SUBBAROYAN.J.,
Vv
24.11.2023
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