MAHARAJA Vs. S.GANGADHARAN

JUDGEMENT

(1.) The petitioner has come up with this contempt petition praying to initiate appropriate contempt proceedings against the first respondent herein for having wilfully disobeyed the order dated 31.01.2019 passed by this Court in WP No. 29582 of 2017.

(2.) The petitioner has filed WP No. 29582 of 2017 before this Court praying to issue a Writ of Mandamus directing the respondents 2 to 7 therein to remove all the fencing pillar stones laid down by the eighth respondent therein by encroaching the land, restore the land to its original position and keep it open for the usage of Villagers and Weavers.

(3.) According to the petitioner, he is a resident of No.38, Pavadi Street, Bhavani Post and Taluk and in front of his house, the land classified as Natham Poromboke is used as " Pavadi" and commonly known as "Pavadi Rettukara Theru" and it exists from time immemorial. According to the petitioner, the land in front of his house is kept vacant for the purpose of being used by the Villagers and weavers for starching the yarn and preparing the yarn in the process of preparation of handloom. While so, the eighth respondent in the writ petition has filed a suit in O.S. No. 355 of 1999 before the I Additional District Munsif Court, Bhavani for a mandatory injunction and for declaring the easmentary rights for utilising the land for weavers usage and for a consequential permanent injunction restraining the defendants therein from interfering with such use. The said suit in O.S. No. 355 of 1999 was taken up for hearing along with other suits in O.S. No. 149 of 1999 and O.S. No. 224 of 2000 and ultimately, a decree for easmentary right and permanent injunction was granted in favour of the eighth respondent and in respect of the relief of mandatory injunction, the suit was dismissed. As against the same, A.S. No. 30 of 2004 was filed before the Sub Court, Bhavani, in which the decree granted in favour of the eighth respondent was set aside. Aggrieved by the same, Second Appeal No. 340 of 2005 was filed before this Court and it was allowed on 10.12.2012 by restoring the decree and Judgment of the trial court. According to the petitioner, by taking advantage of the judgment and decree passed by this Court, the eighth respondent in the writ petition along with his henchmen laid pillar fencing stones on 13.11.2017 in the five feet gap surrounding the entire Natham Poromboke pavadi land to make it appear it as his own private land. The eighth respondent also closed the frontage and road approach of the petitioner house thereby preventing his ingress and egress. Even though the petitioner along with the residents and public resisted the act of the eighth respondent in encroaching upon the property and complained to the respondents 6 and 7, they did not take any action on the ground that the Civil Court has granted a decree in favour of the eighth respondent. According to the petitioner, inasmuch as the respondents 1 to 4 did not take any action against the eighth respondent, he has filed the writ petition for a Mandamus.