Namashivayam T v. Mr.B.Suresh,

O R D E R ********* (Order of the Court was made by S.S.SUNDAR,J) This Contempt Petition is filed alleging wilful disobedience of the direction of this Court made in in W.P(MD)No.27214 of 2022, dated 01.12.2022, for issuance of a Writ of Mandamus directing the respondents 1 to 4 to take immediate action for removal of the obstruction caused by the fifth respondent in Karaimeetan street, situated in S.No.165B/27, Kudikadu, Raghavambal Village, Orathanadu Taluk, Thanjavur District, based on the Petitioner's representation, dated 07.11.2022.

2.Heard the learned counsel appearing on both sides and perused the materials placed before this Court.

3.This Court, after recording the statement of the learned counsel for the Petitioner and the learned Additional Government pleader appearing for the official respondents, disposed of the Writ Petition directing the authorities to consider the representation of the Petitioner, dated 07.11.2022 on merits and in accordance with law. It was also observed that the authorities concerned shall remove any blockage in the place in question after affording sufficient opportunity to all the parties concerned and by following due process of law.

4.It has to be noted that the Tahsildar concerned has addressed a letter to the Registry of this Bench on 12.05.2023, with the following information: "nkw;go tHf;F bjhlh;ghf ghh;it(1)y; fz;Ls;sthW 29/03/2023?md;W xuj;jehL kz;ly Jiz tl;lhl;rpah;?2. cSh; ruf tUtha; Ma;thsh;. fhty; Ma;thsh;. tl;l rhh; Ma;thsh;. fpuhk eph;thf mYtyh; Mfpnahh; M$uhfpdhh;/ g[y vz;/165gp-27 gl;lh vz;/1452y; J/fypaK:h;j;jp(1). br/njhHg;gd;(2). J/rptyp';fk;(3) bgahpy; m?gjpntl;oy; Tl;Lgl;lhthf cs;sJ/ ,jpy; 0/01/53 Vh;!; ghijahf fpuhk tiuglj;jpy; xJf;fg;gl;Ls;sJ/ ,jpy; njhHg;gd; vd;gtuhy; fk;gpntyp K:yk; Mf;ukzk; bra;ag;gl;oUe;jJ/ njhHg;gd; vd;gth; fk;gpntypia mfw;w xj;J bfhs;stpy;iy/ nkw;go ,lk; gl;lh ,lk; vd;gjhy; ele;J bry;tjw;F VJthf 2 kPl;lh; fk;gpntyp mfw;wg;gl;L ghij trjp Vw;gLj;jp jug;gl;lJ vd;gij bjhptpj;J bfhs;fpnwd;/"

5.From the reply given by the Tahsildar, it is seen that the Tahsildar has made an inpsection and found that the property in S.No.165B/27 stands in the name of several individuals. It is also stated that as per FMB sketch, an extent of 0.01.53 ares is shown as pathway. While stating so, it is also mentioned that there is an encroachment made by one Thozhappan. It is also mentioned that the said Thozhappan did not cooperate for removal of fencing. From the facts, it is seen that the property in S.No.165B/27 stands in the name of three individual including one Thozhappan. Therefore it is a patta land. The Tahsildar concerned has reported that the private respondent did not cooperate for removal of his fencing. When the Petitioner seeks to exercise the right of pathway in a private land, he should establish the right of pathway either by grant or by long enjoyment or by necesity. The Tahsildar cannot declare the Petitioner's right of easement on the basis of an application submitted to the Tahsildar to consider the Petitioner's representation. The appropriate remedy available to the Petitioner is to approach the competent Civil Court and establish his right of pathway in the land belonging to three persons in whose favour the patta stands.This Court finds no merit in the Contempt Petition, as the respondent's report by his communication cited supra, addressed to the Registry is in compliance of order of this Court.

6.Hence recording compliance, the Contempt Petition is dismissed. No costs. [S.S.S.R.,J.] [D.B.C.,J.]

19.07.2023 Index:Yes/No Internet:Yes/No NCC:Yes/No vsn To

1.B.Suresh, Tahsildar, Taluk Office, Orathanadu, Thanjavur District.

2.Ramesh, Block Development Officer, Orathanadu, Thanajvur District.

S.S.SUNDAR, J. AND D.BHARATHA CHAKRAVARTHY,J. vsn 0RDER MADE IN CONT.P(MD)NO.1285 OF 2023 in W.P(MD)No.27214 of 2022

19.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:19.07.2023 CORAM: THE HONOURABLE MR.JUSTICE S.S.SUNDAR AND THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CONT.P(MD)NO.1285 OF 2023 in W.P(MD)No.27214 of 2022 T.Namashivayam :Petitioner/Petitioner .vs. 1.B.Suresh, Tahsildar, Taluk Office, Orathanadu, Thanjavur District. 2.Ramesh, Block Development Officer, Orathanadu, Thanajvur District. : Contemnors/Respondents 2 and 3 PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act praying this Court to punish the Contemnors/Respondents 2 and 3 for their wilful disobedience of the order of this Court made in W.P(MD)No.27214 of 2022, dated 1.12.2022. For Petitioner :Mr.S.Vellaichamy For Respondents :Mr.D.Sachikumar 1 and 2 Addl.Govt.Pleader