Santhikumari N. v. Pughazhendhi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.04.2019

CORAM

THE HONOURABLE Mr. JUSTICE M.SATHYANARAYANAN Contempt Petition No.213 of 2019 N.Santhikumari .. Petitioner vs.

Mr.Pughazhendhi, The Tahsildar of Ponneri, Ponneri.

.. Respondent Prayer: Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for willful disobedience and intentional failure to comply with the order of this Hon'ble Court dated 21.07.2016 made in W.P.No.25339 of 2016.

For Petitioner : Mr.V.Nandagopalan For Respondent : Mr.M.Elumalai Government Advocate.

O R D E R

It is represented that the order, which is subject matter of contempt pertaining to issuance of patta, has been complied with in the form of rejection order vide endorsement dated 27.02.2019 in proceedings Na.Ka.2211/ 2016/AA1 of the Office of Tahsildar, Ponneri.

2. The learned counsel appearing for the petitioner submitted that though the order, which is subject matter came to be passed as early as on 21.07.2016 and it was

despatched to the concerned official on 18.08.2016, the order came to be complied with nearly after three years, and prays for appropriate orders.

3. The learned counsel appearing for the respondent/contemnor would submit that in the light of the facts and circumstances, the delay cannot be said to be large, and prays for closure of the Contempt Petition.

4. This Court heard the rival submissions and perused all the materials available on record.

5. A perusal of the typed set of documents would disclose that summons dated 09.09.2016, were issued by the Office of Tahsildar, Ponneri and admittedly, the order of rejection came to be passed on 27.02.2019, nearly after three years. This Court is of the view that the order which is subject matter of the Contempt has been belatedly complied with, for which, the respondent/Tahsildar shall be put on terms.

6. In the light of the above, the Contempt Petition is closed. If the petitioner is so aggrieved, he is always at liberty to challenge the endorsement dated 27.02.2019 passed by the Tahsildar, Ponneri in accordance with law before the competent forum.

7. In the light of the of the belated compliance, the Tahsildar, Ponneri is directed to pay a sum of Rs.3,000/- (Rupees Three Thousand only) to the Chairman, Child Welfare Committee, Government Special Home, Kancheepuram within a period of four weeks from the date of receipt of a copy of this order and report compliance by filing a memo to the Registry of this Court.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mbi/kst //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Sd/20/05/2019 To The Tahsildar of Ponneri, Ponneri.

Copy to:

The Chairman / Secretary, The Child Welfare Committee, The Government Special Home, Kancheepuram.