M.Radha v. Mr. Rajaboss

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Cont.P.No.

of M.Radha, No.29/53, 9th Street, Jothi Nagar, Chennai - 600 019 .. Petitioner Vs.

1. Rajaboss, The Tahsildar, Thiruvottiyur Taluk Office, Thiruvettiyur

2. Devan, The Sub Registrar Thiruvottiyur Taluk Office, Thiruvettiyur .. Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act praying to punish the respondents for having committed Contempt of Court for disobeying the order of this Court dated 01.12.2020 made in W.P.No.15737 of 2020.

For Petitioner : Mr.M.Rajasekar For Respondent 1 : Mr.E.Balamurugan Special Government Pleader For Respondent 2 : Mr.T.M.Pappiah, Special Government Pleader - - - - - 1/3

O R D E R

(The case has been heard through video conference) Earlier this Court by an order dated 01.12.2020, in W.P.No.15737 of 2020, has set aside the order passed by the third respondent Tahsildar therein in respect of the proceedings in Na.Ka.No.682/2020/A1, dated 11.09.2020 and directed the fourth respondent therein to register and return the pending document No.P.Thiruvottiyur/7/2020 to the petitioner in respect of the lands comprised in S.No.29/4 in Plot Old No.948 and New No.739, situated at No.44, Sadayankuppam village, Thiruvottiyur Taluk, Chennai.

2. Now the grievance of the petitioner is that even though the order of this Court dated 01.12.2020, has been complied with and the document which was sought to be registered has been registered, the petitioner has now filed another document relating to the very same survey number for registration, but the Sub Registrar refused to register the same, hence the present contempt petition has been filed.

3. Admittedly, the order passed in the writ petition has been complied with. If at all the Sub Registrar refuse to register the document presented by the petitioner, it will give rise to a different cause of action and it cannot be consider as contempt, as the order passed in the writ petition has been complied 2/3

with. In view of the above this contempt petition is dismissed. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) dpq kkCertified 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/04/06/2021 To

1. The Tahsildar, Thiruvottiyur Taluk Office, Thiruvettiyur

2. The Sub Registrar Thiruvottiyur Taluk Office, Thiruvettiyur 3/3