Vaithilinam v. Rathana Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.09.2021 Coram THE HONOURABLE MR. JUSTICE P.N.PRAKASH and THE HONOURABLE MS. JUSTICE R.N.MANJULA Vaithilingam S/o.Manickam, Devanur Village, Udayarpalayam Taluk, Ariyalur District .. Petitioner Vs.

1.Rathna, I.A.S., District Collector, Ariyalur District, Ariyalur.

2.K.Kumaraiah Tahsildar, Taluk Office, Jayankondam Udayarpalayam Taluk, Ariyalur District.

3.Gurunathan Commissioner, Panchayat Union, Andimadam, Udayarpalayam Taluk, Ariyalur District.

4.Visalakshi President, Village Panchayat, Devanur, Udayarpalayam Taluk, Ariyalur District.

.. Respondents 1/4

Contempt Petition filed u/s.10 of the Contempt of Courts Act, 1971, praying to punish the respondents for having committed contempt by willfully disobeying and violated the decree and judgment passed in O.S.No.259 of 2007 dated 18.07.2013 on the file of learned District Munsif, Jayankondam, Ariyalur District.

For Petitioner :

Mr.S.Nagarajan For Respondents :

Mr.P.Balathandayutham Government Advocate *****

O R D E R

[Order of the Court was made by P.N.PRAKASH, J] This contempt petition has been filed seeking to punish the respondents for having committed contempt by willfully disobeying and violated the decree and judgment passed in O.S.No.259 of 2007 dated 18.07.2013 on the file of learned District Munsif, Jayankondam, Ariyalur District.

2. Vaithilingam/plaintiff filed O.S.No.259 of 2007 in the Court of the District Munsif, Jayankondam, against the (i)District Collector, Ariyalur, (ii)Tahsildar, Jayankondam, (iii)Commissioner, Andimadam Panchayat Union and (iv)President, Village Panchayat, Devanur, seeking a declaration and mandatory injunction in respect of certain properties in Survey 2/4

Nos.230/3A and 230/3B mentioned in the plaint schedule. This suit was decreed in favour of Vaithilingam on 18.07.2013, after contest. Challenging the said judgment and decree, the defendants filed A.S.No.56 of 2017 before the Sub Court, Jayankondam, which came to be dismissed for default on 19.12.2017. It appears that Vaithilingam filed execution petitions also and obtained some orders. Alleging non-compliance with the orders of the trial Court, Vaithilingam has filed the present contempt petition.

3. When the contempt petition was taken up for hearing, learned Government Advocate appearing for the respondents submitted that, after A.S.No.56 of 2017 was dismissed for default, the appellants filed an application for restoration of the appeal suit along with an application for condonation of delay, which came to be dismissed by the Sub Court, Jayankondam, on 05.08.2019. Aggrieved by that, the defendants in the original suit preferred C.R.P.(NPD) No.150 of 2021 before this Court, which came to be allowed on 03.06.2021 on payment of costs of Rs.25,000/- to Vaithilingam on or before 15.06.2021. In C.M.P.No.12238 of 2021 in C.R.P.(NPD) No.150 of 2021, further time was extended by this Court for payment of costs, by order dated 16.09.2021 and accordingly, the costs of Rs.25,000/- was paid to Vaithilingam on 22.09.2021. 3/4

4. In view of the above, A.S.No.56 of 2017 has to be restored to the file of Sub Court, Jayankondam. In such view of the matter, the present Contempt Petition has become infructuous and accordingly, the same is closed.

The interim order of status quo that was granted by this Court by order dated 07.12.2020 shall continue until orders are passed by the Sub Court, Jayankondam, on any application that may be filed by the appellants in the suit in A.S.No.56 of 2017.

SD/- ASSISTANT REGISTRAR(COMM.CASES) gm //Certified to be true copy// Dated at Madras this the day of 2022. 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/10/12/2021 To

1. The Sub Court, Jayankondam.

2.The District Munsif, Jayankondam, Ariyalur District.

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