Madras High CourtCONT P/1029/2015closed

Ellappan v. Mrs.Tamilselvi

2021-03-02Honourable Mr Justice S.S. Sundar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.03.2021

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR Contempt Petition.No.1029 of 2015 Ellappan, S/o.Dhanakoti Ellan, 70, Chinnambedu Colony, Chinnambedu Village and Post, Ponneri Taluk, Tiruvallur District - 601 206 .. Petitioner Vs.

Tamilselvi, The Tahsildar, Ponneri Taluk, Ponneri, Thiruvallur District .. Respondent Prayer:Contempt petitions filed under section 11 of the Contempt of Courts Act to punish the respondent herein for her willful disobedience of the order of this Court passed in W.P.No.39705 of 2005 dated 02.01.2006. For Petitioner : Mr.T.P.Sekar For Respondent : Mr.K.Bhuvaneswari Additional Government Pleader

ORDER

The Petitioner in the contempt petition filed a writ petition in W.P.No.39705/2005 for issuing a Writ of Mandamus, to direct the respondent to cancel the patta issued in favour of Chozha Arumugam in 1/3

respect of the property comprised in Survey No.23/1 situated at Chinnambedu Village, Ponneri Taluk, Measuring acre 0.46 cents and transfer the patta of the said property in the name of the petitioner. 2.This Court by an order dated 02.01.2006 disposed of the writ petition in W.P.No. 39705/2005, in the following lines : ''6.This writ petition is disposed of with a direction to the Tahsildar to consider the representation of the petitioner seeking for cancellation of patta granted in favour of Chozha Arumugham and pass orders on merits and in accordance with law, after affording opportunity to both parties. No Costs.'' 3.This contempt petition is filed alleging wilful disobedience of the order passed in W.P.No.39705/2005 dated 02.01.2006. 4.

The learned Additional Government Pleader appearing for the respondent, on instructions, states that the representation of the petitioner was considered and an order has been passed by the Tahsildar on 31.07.2018 against the petitioner and the same is produced before this Court. 5.The learned counsel for the petitioner states that the petitioner is no more and therefore this Court may give liberty to the legal heirs of the petitioner to challenge the order dated 31.07.2018 passed by the Tahsildar. He further submitted that the order of the Tahsildar dated 31.07.2018 has not been served on the petitioner's legal heirs.

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6. Since the representation of the petitioner has been considered and an order being passed by the respondent on 31.07.2018, the same is in compliance with the direction of this Court. Therefore, this Court does not find any disobedience, much less wilful disobedience, of the order passed in W.P.No.39705/2005 dated 02.01.2006.

7.Recording the submission of the learned Additional Government Pleader appearing for the respondent reporting compliance, this Contempt Petition is closed. No Costs. It is open to the legal heirs of the petitioner to challenge the order that is now passed by the respondent dated 31.07.2018. The respondent shall serve a copy of the order to the legal heirs of petitioner within a week with due acknowledgment by any one of the heirs. SD/- ASSISTANT REGISTRAR(COMM.CASES) tta //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/13/07/2021 To The Tahsildar, Ponneri Taluk, Ponneri, Thiruvallur District 3/3