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Madras High CourtCONT P/1509/2023closed

S.Subramanian And 5 Others v. K.V.Muralidharan And Another

2023-07-21Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.07.2023

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI 1.S.Subramanian 2.S.Jaikumar 3.S.Prabhakar 4.Gowri Ramachandran 5.Rajesh Ramachandran 6.Shankar Ramachandran Rep. by his Power Agent Mr.Rajesh Ramachandran ... Petitioners Vs.

1.Mr.K.V.Muralidharan The Commissioner HR & CE Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.Mr.Ashokan The District Revenue Officer, Special Officer - I (Temple Lands) Office of the Commissionerate of HR & CE, Tiruvallur.

... Respondents Prayer :

Contempt petition filed under Section 11 of Contempt of Courts Act praying to punish the respondents for willful disobedience of the 1/4

order passed by this Hon'ble Court made in W.P.No.11727 of 2022 dated 03.08.2022.

For Petitioners : Mr.P.Chandrasekar For Respondents : Mr.S.Yashwanth

O R D E R

This contempt petition is filed alleging willful disobedience of the order dated 03.08.2022 made in W.P.No.11727 of 2022. 2.This Court vide order dated 03.08.2022 made in W.P.No.11727 of 2022 set aside the order impugned therein and remanded the matter back to first respondent therein for fresh consideration and further directed the respondents therein to trace the original records in Board Order No.1191 dated 30.03.1943, Doc.No.2319/1946 and to consider the request of the first petitioner afresh for NOC and to pass appropriate orders. Since the said direction was not complied, the petitioners have filed this contempt petition.

3.The issue inbetween the petitioners and HR & CE Department is title dispute and it has to be resolved only before the competent civil Forum.

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4.In view of the above, there is no willful disobedience and this Contempt Petition is closed. However, if any suit is filed, the concerned civil Court shall decide the matter independently, without being influenced by any of the observations made in this order or in the order dated 03.08.2022 made in W.P.No.11727 of 2022. 21.07.2023 pri Speaking order/ Non Speaking Order Index: Yes/No Internet: Yes/ No 3/4

M.DHANDAPANI,J.

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