Madras High CourtCONT P/568/2017closed

P.Raja v. Bhusan Kumar

2017-04-24Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 24.04.2017

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN CONT.P.No.568/2017 1.P.Raja ..

Petitioners 2.P.Veerasamy

Versus

1.Mr.Bhusan Kumar, Tahsildar, Hosur Taluk Krishnagiri District.

2.Mr.J.C.Murugan Tahsildar, Shoolagiri Taluk Krishnagiri District.

Respondents Contempt petition filed under section 11 of the Contempt of Courts Act to punish the 1st and 2nd respondents for having willful disobedience of the order of this Court dated 22.07.2016 made in WP.No.25653/2016 on the file of this Court.

For Petitioner :

Mr.S.Thirumavalavan For Respondents :

Mr.I.Arockiasamy, GA

ORDER

The learned Government Advocate would submit that the order, which is the subject matter of contempt, has been complied with in the form of order of

rejection dated 21.4.2017 in Na.Ka.No.1515/2017/Aa2 by the Tahsildar, Shoolagiri and even in the order, it has been indicated that if the petitioner is aggrieved by the same, he can file an appeal before the Sub Collector, Hosur, within a period of thirty days from the date of receipt of a copy of the order. Per contra, the learned counsel for the petitioner would submit the impugned order has been passed without reference to the relevant revenue records and the contents of the same would exhibit total non-application of mind on the part of the Tahsildar, Shoolagiri.

This Court after hearing the rival submissions, is of the view that the matter revolves factual disputes and therefore, the remedy open to the petitioner if any, is to invoke the appellate remedy by filing an appeal before the Sub Collector, Hosur.

Hence, the contempt petition is closed and the petitioner is at liberty to challenge the order of rejection, by filing an appeal before the Sub Collector, Hosur, within the time stipulated and as

and when, the appeal is received by the appellate authority and if the papers are otherwise in order, the authority shall entertain the same and pass appropriate orders in accordance with law as expeditiously as possible and communicate the same to the petitioner as well as to the person/s interested. SD/ JOINT REGISTRAR(OS)I/C //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/03/05/2017 To 1.Mr.Bhusan Kumar, Tahsildar, Hosur Taluk Krishnagiri District.

2.Mr.J.C.Murugan Tahsildar, Shoolagiri Taluk Krishnagiri District.

Copy To:- The Sub Collector Hosur.