R.Sennimalai Gounder (Deceased) Through Lrs And Another v. Ms. Gandhimathi And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. R.Sennimalai Gounder (Deceased) Through LRs and another Ganesh, Son of Late R.Sennimalai Gounder, 3/72-A, Tank Veedhi, Vellanaipatti, Annur Taluk, Coimbatore District, Tamil Nadu

2. Subramanian, Son of Late R.Sennimalai Gounder, 3/72-A, Tank Veedhi, Vellanaipatti, Annur Taluk, Coimbatore District, Tamil Nadu Petitioner(s) Vs

1. Ms. Gandhimathi and another Erstwhile Tahsildar of Annur Division, Now working at Collector's Office, Coimbatore Dist. Tamil Nadu.

2.Ms. Nithilavalli, Tahsildar, Annur Division, Coimbatore District, Tamil Nadu.

Contemnor(s)

PRAYER:

To initiate contempt proceedings against the Respondents/Respondent and punish him for the willful disobedience of the order of the Hon'ble High Court in W.P.No. 16396 of 2013 dated 16.09.2014 For Petitioner(s):

M/s. M.Yogesh Kanna, Manoj Kumar.A, R.Sridhar, J.Kanimozhi For Contemnor(s):

Dr.S.Surya, Addl Government Pleader Takes Notice For Respondent.

ORDER

In this case, a series of orders have been passed. The learned single Judge has specifically found that the purchase of the petitioner is not in violation of any assignment condition which stood confirmed by the Honourable Supreme Court of India. At this juncture, the Tahsildar has passed an order once again rejecting the patta on the ground that the purchase of the petitioner is in violation of the condition. When this Court had pointed out that the same is directly contrary to the directions, the said order was set aside and it was pleaded by the Additional Advocate General that it is the RDO who has to pass the order. Accordingly, after once again making a finding that the Tahsildar's findings will run to the order of the learned single Judge, this Court had directed the RDO to pass orders on issue of patta. Under the said circumstances, today

Mr.Wilson, Special Senior Counsel engaged on behalf of the State would submit that the land appears to be Panjami land and therefore they have got every right to protect the same at any cost and it is only in that context they want to pass orders with reference to the very same assignment and if the alienation is done contrary to the assignment condition, the Government has power to cancel the assignment itself.

2. Prima facie, I am unable to accept the said argument as the same should have been raised before the Honourable Supreme Court of India in the SLP or in the Review. The same cannot now be raised in the Contempt petition in the teeth of the earlier findings. In view thereof, Mr.Ramakrishnan, Revenue Development Officer, suo motu has been added as the 3rd respondent in the Contempt Petition.

3. Issue statutory notice returnable by 17.11.2025.

4. Call on 17.11.2025.

13-10-2025 shl Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.Ms. Gandhimathi and another Erstwhile Tahsildar of Annur Division, Now working at Collector's Office, Coimbatore Dist. Tamil Nadu.

2.Ms. Nithilavalli, Tahsildar, Annur Division, Coimbatore District, Tamil Nadu.

D.BHARATHA CHAKRAVARTHY J.

shl 13-10-2025