M.R.Srinivasan v. M.S. Sabanayakam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.10.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Contempt Petition Nos.303 and 304 of 2021 M.R.Srinivasan, No.55, Kasthuri Ranga Road, Alwarpet, Chennai 600 018 ... Petitioner in Both Cont.Ps -VsMr.M.S.Sabanayakam The Tahsildar Madhavaram Taluk Gandhi Main Road Balaji Nagar Chennai 600 066.

....Respondent in Both Cont.Ps Common Prayer : Contempt Petitions under Section 11 of the Contempt of Courts Act, 1970 to punish the respondent for committing contempt of court by disobeying the Hon'ble High Court order passed in W.P.Nos.11945 and 11946 of 2020, dated 02.09.2020.

For Petitioners :

Mr.S.Prabhakaran (Both Cont.Ps) Senior Counsel for MA.Gouthaman For Respondents :

Mr.U.Baranidharan (Both Cont.Ps) Government Advocate 1 / 3

COMMON ORDER Both the Contempt Petitions have been filed to punish the respondent for the contempt of order of this Court made in W.P.No.11945 and 11946 of 2020 dated 02.09.2020.

2.Pursuant to the orders passed by this Court, the respondent has passed an order dated 11.12.2020. The learned Senior Counsel appearing on behalf of the petitioner submitted that the information that has been provided in this order is on the face of it false. The learned Senior counsel for this purpose invited the attention of this Court to the relevant portion in the order wherein it is stated that lands are not under possession and enjoyment of the petitioner and therefore fresh patta cannot be granted.

3.In the considered view of this Court, while exercising the contempt jurisdiction, this Court has to merely see if the order passed by this Court has been violated. While disposing of this writ petition, direction was given to the respondent to consider the representations made by the petitioner and take a decision regarding conducting the survey and transfer of patta. Now, the respondent has taken a decision. The decision may be illegal and unreasonable. This Court cannot go into this issue in contempt. If the petitioner is aggrieved by the order passed by the respondent on 11.12.2020, liberty is granted to the petitioner to challenge the same and workout his remedy in 2 / 3

accordance with law. These contempt petitions are closed giving such liberty.

4. Accordingly, both the contempt petitions are closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) kp //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/07/12/2021 To The Tahsildar Madhavaram Taluk Gandhi Main Road Balaji Nagar Chennai 600 066.

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