Madras High CourtCONT P/1154/2017closed

M.G.Rahamathullah v. K.K.Manjula

2017-11-17Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.11.2017

CORAM:

THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN Cont.P.No.1154 of 2017 M.G.Rahamathullah ..

Petitioner vs.

Tmt.K.K.Manjula, Sub Registrar, Villivakkam, Chennai-600 080.

Respondent Prayer : Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971 to punish the respondent for willful disobedience of the order dated 01.07.2016 made in W.P.No.22717 of For Petitioner :

Mr.K.Shahul Hameed For Respondent :

Mr.S.Diwakar, Special Government Pleader

O R D E R

The petitioner, alleging non-compliance of the order dated 01.07.2016 made in W.P.No.22717 of 2016, has filed this contempt petition.

2. The contempt petition was entertained on 14.07.2017 and thereafter, it was adjourned thrice and on 20.10.2017, this Court, having found that the judgment cited in the order dated 01.07.2016 viz., 2002 (3) CTC 544 [B.Rajappa and another v. The Special Deputy Collector (Stamps), Madras and two others] have not been taken in to consideration, issued statutory notice to Tmt.R.Kavitharani,

Sub-Registrar (District Registrar Cadre), Villivakkam and accordingly, Tmt.R.Kavitharani is present before this Court today. The said official would submit that the documents came into being from non-family members and as such, order dated 06.09.2017 has been passed calling upon them to pay a sum of Rs.9,66,500/- within 15 days and also granted liberty to file an appeal before the Inspector General of Registrations, Santhome, Chennai.

3. The learned counsel appearing for the petitioner would submit that the said reasons have not been found place in the said order.

4. However, a perusal of the order dated 06.09.2017 in No.P97/2017 passed by the Sub-Registrar, Villivakkam would disclose that Section 45(b) of the Indian Stamp Act has been referred to.

5. In the light of the same, the petitioner is at liberty to file an appeal challenging the legality of the order dated 06.09.2017 in No.P-97/2017 passed by the Sub-Registrar, Villivakkam, within a period of two weeks from the date of receipt of a copy of this order to the Inspector General of Registration, Santhome, Chennai and the said official shall entertain the appeal, if the papers are otherwise in order, without putting the issue of limitation and thereafter give disposal in accordance with law as expeditiously as possible and not later than eight weeks from the date of entertainment of appeal.

6. Tthis Contempt Petition is closed with the above observations. Personal appearance of Tmt.R.Kavitharani, SubRegistrar (District Registrar Cadre), Villivakkam is also dispensed with.

SD/- ASSISTANT REGISTRAR(OS-I) jvm //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format. KR/CO/08/12/2017 To 1.The Inspector General of Registrations, Santhome, High Court.

2.Tmt.K.K.Manjula, Sub Registrar, Villivakkam, Chennai-600 080.

one cc to Mr.K.Shahul Hameed, Sr.No.13654/17