MUNIYAPPAN Vs. RAVIKUMAR

JUDGEMENT

(1.) The contempt petition has been filed to punish the contemnor/fourth respondent for his disobedience of the order passed by this Court in of 2017. The fifth and sixth respondents in the said writ petition have filed two writ petitions in W.P.(MD).Nos.9558 and 9559 of 2018 respectively against the contempt petitioner on the allegation of encroachment made by them.

(2.) Since all the three cases are interlinked to each other, these writ petitions and the contempt petition are disposed of by a common order.

(3.) Earlier the contempt petitioner has filed a writ petition in W.P. (MD).No.21993 of 2017 before this Court seeking to remove the encroachment made by the fifth and sixth respondents in Survey No. 1693/1. The factual position appears to be that the land in Survey No. 1693 is classified as 'Vandipathai' poramboke in the revenue records having a total extent of 1.30 hectares. The said land has been sub- divided as Survey No.1693/1, measuring to an extent of 1.15.5 hectares and the classification as 'Vandipathai' was restrained for the said extent. Further, sub-division viz., Survey No.1693/2 measuring to an extent of 0.14.5 hectares was classified as Natham Poramboke and free house site patta was granted to the respondents 5 and 6 vide proceedings of the fourth respondent dtd. 29/12/2010. Since the fifth and sixth respondents have not constructed houses in the plot allotted to them in Survey No.1693/2, the contempt petitioner has filed the writ petition in of 2017 stating that the fifth and sixth respondents had constructed the houses not in the plot allotted to them in Survey No.1693/2, whereas they have constructed the houses in Survey No.1693/1 which is classified as Vandipathai and thus, sought for a prayer to remove the encroachment made in Survey No.1693/1. The said writ petition was disposed of with a direction to the fourth respondent to proceed further in pursuance of the notice dtd. 12/1/2018. Since the order has not been complied with, the present contempt petition has been filed.