Madras High CourtCONT P/1323/2018closed

T. Sundaresan v. Mr. P. Rathinasamy

2018-07-13Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13-07-2018

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBBIAH Contempt Petition No. 1323 of 2018 --- T. Sundaresan .. Petitioner

Versus

1. Mr. P. Rathinaswamy District Revenue Officer Tiruvannamalai Tiruvannamalai District

2. Mrs. R. Umamaheswari Revenue Divisional Officer Tiruvannamalai Tiruvannamalai District

3. Mr. K.S. Kandasamy Tahsildar Tiruvannamalai Taluk Tiruvannamalai Tiruvannamalai District

4. Mr. Jayaprakash Tahsildar Keezhpennathur Taluk Keezhpennathur Tiruvannamalai District .. Respondents Petition filed under Section 11 of The Contempt of Court Act, 1971 praying to punish the respondents for their wilful disobedience of the order dated 21.03.2016 passed by this Court in WP No. 10445 of 2016.

For Petitioner :

Mr. P. Mani For Respondents :

Mr. J. Purushothaman Government Advocate

ORDER

The petitioner has filed WP No. 10445 of 2016 praying for issuing a Writ of Mandamus directing the respondents 1 to 4 to issue separate patta to him with respect to the lands measuring 32 cents in Old Survey No. 175/3 and 75 cents in Old Survey No.175/4, Avoor Village, Vettavalam Taluk, Salem District, on the basis of the enquiry already conducted by the second respondent on 11.03.2013, after effecting sub-division and making necessary corrections in the Revenue Records within the time to be fixed by this Court.

When the above writ petition was taken up for hearing on 21.03.2016, this Court disposed of the writ petition by directing the respondents 1 to 4 to pass appropriate orders with regard to issue of separate patta to the petitioner with respect to the lands measuring 32 cents in Old Survey No. 175/3 and 75 cents in Old Survey No.175/4, Avoor Village, Vettavalam Taluk, Salem District, on the basis of the enquiry already conducted by the second respondent on 11.03.2013, within a period of eight weeks from the date of receipt of a copy of the order, after affording reasonable opportunity of personal hearing to the petitioner as well as the sixth respondent in the writ petition and to all other necessary parties. According to the petitioner, the respondent did not comply with the said order dated 21.03.2016 passed by this Court and therefore, he has filed this contempt petition.

Today, when the contempt petition is taken up for hearing, the learned Government Advocate appearing for the respondent produced a copy of the proceedings bearing Na.Ka.No.A5/1113/2013 dated 21.06.2018 of the second respondent and contend that the order passed by this Court has been complied with by the respondents. A copy of the order dated 21.06.2018 of the second respondent has also been furnished to the counsel for the petitioner.

Having regard to the fact that pursuant to the direction issued by this Court on 21.03.2016 in WP No. 10445 of 2016, the second respondent has passed an order dated 21.06.2018, this Court is of the view that there is nothing survives for adjudication in this contempt petition. It is open to the petitioner to challenge the proceedings dated 21.06.2018 of the second respondent, if he is aggrieved, in a manner known to law. Accordingly, the contempt petition is closed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) rsh //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.

PS/27/11/2018