Ramasamy Nadar v. Kalaiselvi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.08.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Ramasamy Nadar S/o.Gurusamy Nadar ... Petitioner Vs.

1.Kalaiselvi The District Registrar, Cheyyar, Thiruvannamalai District - 604 407.

2.The Joint Sub Registrar II, Thiruvathipuarm, Thiruvannamalai District.

... Respondents [Suo motu impleaded as second respondent as per the order of this Court dated 05.04.2024 made in Cont.P.No.1007 of 2024] Contempt Petition filed u/s.11 of the Contempt of Courts Act, 1971, praying to punish the respondent for wilful disobedience of the order of this Court passed in W.P.No.20944 of 2019, dated 30.11.2020. For Petitioner : Ms.V.Srimathi For Respondents : Mr.P.Ananda Kumar Government Advocate *****

O R D E R

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This Contempt Petition has been filed praying to punish the respondents for wilfully disobeying the order of this Court passed in W.P.No.20944 of 2019, dated 30.11.2020.

2. When the matter was taken up for hearing on 01.07.2024, this Court passed the following order:

"When the matter was taken up for hearing today, the reply affidavit was filed by the petitioner. The petitioner has taken a stand that every time when a document is presented for registration pertaining to the subject property, it is not being entertained by the 2nd respondent merely on the ground that an objection has been given by the Temple.

2. This Court while passing an order in the Writ Petition, has made it clear that the Temple cannot prevent the petitioner or any person who is claiming under him from dealing with the property, unless the Temple goes before the competent Civil Court and establish their right and title over the property. Therefore, it goes without saying that the 2nd respondent cannot refuse to entertain the document for registration pertaining to the subject property based on the earlier objection that was given by the Temple. Every time, a person dealing with the property cannot be made to knock the doors of this Court.

3. The reply affidavit and also the additional typed set of papers filed by the petitioner was served on the learned Additional Government Pleader appearing on behalf of the respondents.

4. The 2nd respondent was also present before this Court at the time of hearing.

5. The learned Additional Government Pleader shall give appropriate instructions to the respondents to ensure that the documents presented for registration are entertained and registered, if it is otherwise in order and it should not be refused 2/4

merely based on the earlier objections raised by the Temple.

6. An affidavit has also been filed by the 2nd respondent explaining the documents that have been entertained till 12.04.2024.

7. Post this case under the same caption on 02.08.2024 at 02.15 PM."

3. Learned Government Advocate appearing on behalf of respondents submitted that pursuant to the directions issued by this Court at paragraph No.5 of the earlier order, any document that is presented for registration will be entertained/registered, if it is otherwise in order and the registration will not be refused merely based on the earlier objections raised by the temple.

The above stand taken by the respondent is recorded. Accordingly, this Contempt Petition is closed. 02.08.2024 Index: yes/no Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J gm 3/4

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