L.Narayanappa, v. Mr.C.Kathiravan,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.02.2021
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR Contempt Petition.No.133 of 2018 L.Narayanappa S/o.Lingappa, 189/169, Opp. to Veerabadra samy Temple, Bilekahally Village, Bengaluru- 76 .. Petitioner Vs.
C.Kathiravan, District Collector, Krishnagiri District, Krishnagiri.
.. Respondent Prayer:Contempt petitions filed under section 11 of the Contempt of Courts Act to punish punish the respondent for the violation and disobedience of the order passed in W.P.No.18416 of 2009 dated 10.09.2009.
For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.M.Elumalai Additional Government Pleader 1/3
ORDER
The learned Additional Government Pleader appearing for the respondent states that the representation of the petitioner dated 11.02.2008 was considered and an order has been passed by the Tahsildar, Thenkanikottai on 14.01.2016 and the same is produced before this Court.
2. It is stated that an interim order was granted by this Court in another writ petition in W.P.No.40282 of 2015 and MP.No.1 of 2015 filed by one Krishnan, forbearing the respondents from granting of patta. Subsequently, the Writ Petition No.40282 of 2015 filed by the said Krishnan was disposed of by an order, dated 19.07.2017, in the following lines :
''5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to give an opportunity to all the interested parties at the time of issuing patta in respect of lands comprised in S.Nos.1471/1 to 1471/7 and S.No.1467 situated in Santhanapalli Village, Denkanikottai Taluk, Krishnagiri District.''
3. Since the representation of the petitioner has been considered and an order passed by the respondent on 14.01.2016, the same is in 2/3
compliance with the direction of this Court. Therefore, this Court does not find any disobedience much less wilful disobedience of the order passed in W.P.No.18416 of 2009, dated 10.09.2009.
4. However, in view of the subsequent direction of this Court in W.P.No.40282 of 2015, the respondent may consider the representation of the petitioner afresh and pass appropriate orders on merit and in accordance with law, after hearing not only the petitioner, but also other persons, who are interested in the matter.
5. Contempt Petition is closed accordingly. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) tta //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/18/06/2021 To The District Collector, Krishnagiri District, Krishnagiri.
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