S. Natarajan v. Mr. Otem Dai, Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2021
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN and Sub Appln(OS).No.497 of 2018 S.Natarajan, Ambedkar Street, Sekarai Post, Needamangalam Taluk, Thiruvarur District ..Petitioner/Petitioner/Petitioner Vs.
1.OTEM DAI, I.A.S., Secretary, State of Tamil Nadu Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St.George, Chennai-600 009 2.L.NirmalRaj, The District Collector, Thiruvarur District, Thiruvarur 3.S.Krishnan, The District Adi Dravidar and Tribal Welfare Officer, Thiruvarur District Thiruvarur 4.S.Murthy, The Sub Registrar, Thiruvarur District 1/6
5.K.Sangeetha, The Sub Registrar, Thiruvarur District ..Respondents/Respondents/Respondents PRAYER:
Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for wilful disobedience of the order of this Court passed in MP.No.1 of 2012 in WP.No.21835 of 2012 dated 12.10.2012 passed on the file of this Court.
For Petitioner : Mr.Swamisubramanian For Respondents : Mr.Richardson Wilson Government Advocate
ORDER
This contempt petition has been filed to punish the respondents for wilful disobedience of the order passed by this Court in MP.No.1 of 2012 in WP.No.21835 of 2012 dated 12.10.2012, thereby this Court granted interim injunction restraining the respondents from permitting the land owners in survey No.88, 87/2B2 and 105 Sekarai Village, Needamangalam Taluk, Tiruvarur District to an extent of 1.43 acres from in any manner alienating the said lands to any other persons.
2. Immediately after the interim order passed by this Court, the counsel for the petitioner communicated the same by the letter dated 2/6
19.10.2012 to the respondents herein to implement the interim order passed by this Court. In fact, the second respondent also issued proceedings in Na.Ka.No.7521/2007/K2 dated 20.11.2012 to the fourth respondent not to register any document with regard to the above lands. The second respondent further communicated another proceedings dated 23.11.2012 to the first respondent herein stating that the Sub Registrar and the Tahsildar are being instructed not to register any document or to make patta transfer with regard to the above said properties. Even then, the fourth respondent herein registered sale deed dated 18.09.2014 vide document No.1172 of 2014 with regard to the property comprised in survey No.88/1 and 88/7 situated at Serkarai Village and also registered another sale deed dated 18.09.2014 vide document No.1368 of 2014 sold out by its owners to the third parties.
3. The respondents filed counter and stated that the second respondent duly instructed the other respondents not to register any document as per the interim order passed by this Court. Unfortunately, the koothanallur Taluk was newly formed by the bifurcation of Needamangalam Taluk on 23.05.2017. Because of the said bifurcation, Sekarai village went to Koothanallur Taluk. In the meanwhile, the owner of the land Mr.Ravindran S/o Pachayapillai sold his land bearing survey No.87/2B to one, Mrs.Renganayaki. She also applied for patta before the Tahsildar, 3/6
Koothanallur. Unfortunately, without aware of the earlier direction of the District Adidravidar Officer and District Collector, Thiruvarur not to do patta transfer, the Zonal Deputy Tahsildar, Koothanallur Taluk added her name in the patta transfer order as joint patta holder. Thereafter, the District Collector, Tiruvarur instructed the Revenue Divisional Officer to cancel the patta and accordingly it was cancelled by order dated 14.12.2020 by the proceedings Na.Ka.No.914/2020/A3. Based on the cancellation order, again patta was transferred to the existing stand vide Kothanallur Taluk Patta transfer order dated 07.05.2021.
4. Recording the counter filed by the respondents, this contempt petition is closed. Accordingly, the connected sub application is also closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) lok //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.
To 1.The Secretary, State of Tamil Nadu Adi Dravidar and Tribal Welfare Department, Secretariat, Fort St.George, Chennai-600 009 4/6
2 The District Collector, Thiruvarur District, Thiruvarur
3. The District Adi Dravidar and Tribal Welfare Officer, Thiruvarur District Thiruvarur
4. The Sub Registrar, Thiruvarur District
5. The Sub Registrar, Thiruvarur District 5/6