M/S. Adarsh Estates Pvt.Ltd., v. Mrs.Chitra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.08.2016

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.1713 of 2016 M/s.Adarsh Estates Private Limited, Rep. By its Managing Director, No.Srinivasababu, S/o.N.Sambasiva Rao, Old No.9, New No.26, Kanialal Street, Mylapore, Chennai - 4.

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Petitioner -vsMrs.Chitra, The Special Tahsildar (L.A.), Unit-1 SIPCOT, Sriperumbudur Expansion Scheme-2, Chinnakadai Street, Sriperumbudur - 602 105.

Kanchipuram District.

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Respondent Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for not obeying the order of this Court in W.P.No.12147 of 2015, dated 30.11.2015.

For Petitioner : Mr.A.R.Suresh For Respondent : Mr.R.Rajeshwaran, Spl.GP

ORDER

Heard Mr.A.R.Suresh, learned counsel for the petitioner and Mr.R.Rajeshwaran, learned Special Government Pleader appearing for the respondent/contemnor.

2. The respondent-Mrs.G.Chitra, the Special Tahsildar (L.A.), Unit-1, SIPCOT, Sriperumbudur, present in the Court and it appears that she is new incumbent, who has taken over the charge as Special Tahsildar and she is unable to clearly understand the scope of directions issued by this Court. Therefore, the Court has explained to her that she is required to conduct an enquiry after issuing notice to the petitioner as well as the private parities in the writ petition, namely, Devaraj, Vasu Naicker, Sandiyappa Naicker, Natarajan, Kuppu Naicker and Selvaraj. If there is any dispute with regard to the title, then obviously the respondent cannot take a decision and has to refer to the Civil Court. But, however, if the claim made by the private respondents is justifiable, then appropriate action can be taken.

In any event, this can be done only after conducting a proper enquiry. The respondent appears to have understood the scope of the direction and agrees before this Court that she will act accordingly within a reasonable time. During the course of the enquiry, the first respondent has to also seek in whose name the acquisition proceedings were initiated. If notices were sent only to the petitioner, then the question of entertaining the claims of third parties would not arise. The above directions be complied with within a period of four weeks from the date of receipt of a copy of this order.

Accordingly, the contempt petition is closed. No Costs.

rkm SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

CO/06/09/2016 One CC to Government Pleader, SR.10533/2016 One CC to A.R.Suresh, Advocate, SR.10456/2016 To The Special Tahsildar (L.A.), Unit-1 SIPCOT, Sriperumbudur Expansion Scheme-2, Chinnakadai Street, Sriperumbudur - 602 105.

Kanchipuram District.