Mrs.Poungody v. S.Kanagaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2016

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN Contempt Petition No.1239 of 2015 Poungody ...

Petitioner Vs Mr.S.Kanagaraj Director Survey and Land Records, Government of Pondicherry, Pondicherry - 605 001.

...

Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for the wilful disobedience of the order of this Court dated 19.06.2002 in W.P.No.21652 of 2002.

For Petitioner :

Mr.R.Venkatesulu For Respondents :

Mr.D.Vairamoorthy, SGP

ORDER

The petitioner has filed this contempt petition for the alleged disobedience of the order of this Court dated 19.06.2002 passed in WP.No.21652 of 2002.

2. A perusal of the documents enclosed in the typed set of papers would reveal that as against the order impugned herein in W.P.No.21652/2002, the respondents 2 and 3 in the writ petition have filed an appeal in W.A.No.3511

of 2002 before the Division Bench of this Court. By order dated 15.09.2010, the said writ appeal was closed with the following observations:

"The learned counsel for the appellants during the course of arguments submits that the first respondent herein/writ petitioner also filed a civil suit seeking for decree of declaration of her title to the subject property against the appellants herein and the appellant herein also filed a suit for permanent injunction and from the proceedings, it is seen that the second respondent herein has conducted survey of the subject land. It is the further submission of the learned counsel for the appellants that the title suit filed by the first respondent herein has already been disposed of. The only grievance of the appellants is that they were not heard in the writ petition though unnecessarily arrayed as parties out of spite. However, in view of what is stated above, nothing survives for consideration in the matter."

After a period of five years from the date of closing the writ appeal, this contempt petition came to be filed by the writ petitioner raising various allegations. This Court finds no reason to entertain this contempt petition.

3. Accordingly, the contempt petition is dismissed. However, it is open to the petitioner to seek appropriate relief from the authority concerned by filing necessary application.

SD/- JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/27/12/2016 one cc to the M/s.Usha Ramman,Advocate,Sr.No.16141/2016