Periyasami v. Shanthi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Contempt Petition No.490 of 2021 Mr.Periyasamy, V.R.Kandigai Village, Mylarvada Panchayat, Paivalasa Post, R.K.Pet Taluk, Erumbi via, Thiruvallur 631 302 ... Petitioner Vs.
Mrs.P.Shanthi, The Tahsildar, Officer of the Tahsildar, R.K.Pet, R.K.Pet, Thiruvallur District, Tamilnadu.
... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for his deliberate disobedience of this Hon'ble Court order dated 16.03.2020 made in W.P.No.6662 of 2020. For Petitioner : Mr.P.R.Thiruneelakandan For Respondent : Mr.U.Baranidharan Government Advocate
ORDER
This Contempt Petition has been filed to punish the respondent for the contempt of order of this Court made in W.P.No.6662 of 2020 dated 16.03.2020. Page No.1/3
2.A report has been filed before this Court and it will be relevant to extract paragraph 7 of the report hereunder:
"7. It is submitted that in pursuant to the orders passed by the Hon'ble Court on 16.03.2020 in w.P.No.6662 of 2020, the Petitioner/ Petitioner and the other joint Pattadar A.Palani were enquired by the respondent herein on 07.10.2020. The Petitioner/Petitioner has filed a Suit before the learned District Munsif Court Pallipattu in respect of S.No.152/7 in I.A.No.135 of 2018 against the dismissal order passed by the above learned court on 19.04.2017 in O.S.No.58 of 2005 Thiru.A.palani has objected for measuring and demarcating his land 1.80 (Acre) which is under his physical occupation based on his registered on sale Document No.670/2001 Dated 23.05.2001. As the title dispute is prevailins between the Petitioner/Petitioner and the other joint holder Thiru.A.
Palani, they were directed to obtain a decleration for the extent claimed by them from the Competent Civil Court and they was also informed therein that survey only will be conducted after production of the degree and judgement of the Competent Civil Court in in proceeding R.C.No.N.C.246 2020/A6 Dated:13.10.2020. The same was sent to the petitioner/petitioner as well to Thiru.A.Palani by post on 21.10.2020. at this stage, the Petitioner has filed this Contempt Petition before this Hon'ble Court.
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2.It is seen from the report that the respondent has taken into consideration the pendency of the civil suit and therefore through proceedings dated 13.10.2020, has informed the parties that the survey will be conducted only after the completion of the civil proceedings. 3.The learned Government Counsel appearing on behalf of the respondent shall serve a copy of the compliance report to the learned counsel for the petitioner. The proceedings dated 13.10.2020, shall also be served on the petitioner, if it has not already been served. 4.In view of the above, this contempt petition is 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/17/09/2021 To The Tahsildar, Officer of the Tahsildar, R.K.Pet, R.K.Pet, Thiruvallur District, Tamilnadu.
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