M.B. DHILIP Vs. RAJKUMAR

JUDGEMENT

(1.) The petitioner, alleging willful disobedience and non-compliance of the order dated 01.02.2019 in W.P.No.3147 of 2019, has filed this Contempt Petition.

(2.) The petitioner has filed the above said Writ petition for issuance of Writ of Certiorarified Mandamus calling for the records relating to the notice dated 05.01.2019 issued by the 5th respondent viz., the Revenue Inspector, Gudalur, The Nilgiris District, under Section 7 of the Tamil Nadu Land Encroachment Act, 1905 and quash the same and consequently, forebear the respondents from interfering with his possession and enjoyment of any portion of the land bearing Rs.S.No.491/1 (Old S.No.33/1A 1A) situated in Gudalur-I Village, the Nilgiris District, ad-measuring an extent of 0.87 acres till the final decision on his entitlement for Ryotwari Patta in the Appeals pending/provided under the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969 in any manner. The Writ Petition was disposed of based on the submission made by the learned Government Pleader (i/c) that the petitioner shall not be evicted without following due process of law and the Division Bench, taking note of the same, made an observation that no further directions are required in the Writ Petition and accordingly, disposed of the Writ Petition.

(3.) Mr.T.P.Manoharan, learned Senior Counsel assisted by Mr.K.P.Jotheeswaran learned counsel appearing for the petitioner would submit that the property in respect of the land ad-measuring 50 cents together with building bearing No.12/738F1E, 12/738F1F and 12/738F1D of Gudalur Municipality in Old Survey No.33/1A1A1C, Re-Survey No.491/1, Gudalur, The Nilgiris District, the petitioner has filed a suit in O.S.No.87 of 2017 on the file of the Principal District Munsif Court, Gudalur praying for permanent injunction restraining the defendants viz., the Collector of Nilgiris, Uthagamandalam, the Revenue Divisional Officer, Gudalur, The Tahsildar, Gudalur, the Commissioner, Gudalur Municipality, Gudalur and the Village Administrative Officer, Gudalur-I, Gudalur, The Nilgiris, from interfering with the peaceful possession and enjoyment of the Suit Schedule Property along with the buildings thereon and an order of Status Quo is in operation.