T.K.Mohamed Shagee v. R.Rajendran

Sub Application (OS)No.396 of 2023 in Cont.P.No.1928 of 2022 G.K.ILANTHIRAIYAN, J.

This application has been filed to reopen the contempt petition in Cont.P.No.1928 of 2022, on the ground that the respondent without even complying the order passed by this Court, represented before this Court as if the order dated 18.11.2021 passed in W.P.No.24522 of 2021 had duly complied with.

2.

The learned counsel appearing for the petitioner also pointed out that in respect of the suit property two FIRs have been registered in Crime Nos.2 and 3 of 2016 on the file of the Inspector of Police, CBCID Headquarters, Chennai. The accused filed quash petitions before this Court in Crl.O.P.Nos.12985 & 12986 of 2020 and both petitions were allowed by this Court by an order dated 23.09.2022 and quashed the FIRs registered in Crime Nos.2 & 3 of 2016. Even then, the respondent did not comply with the order dated 18.11.2021, thereby directed the respondent to consider the petitioner's representation dated 04.09.2021.

3.

Further, the respondent passed order dated 29.09.2022 stating that the issuance of patta, in respect of the land comprised in Survey No.407/16, will be done subject to the result of the quash petitions filed by the accused person. However, even before the said order passed by the respondent, those quash petitions were allowed quashing the FIRs registered in Crime Nos.2 & 3 of 2016. Therefore, the respondent falsely represented before this Court that the order passed by this Court in W.P.No.24522 of 2021 has been complied with. 4.

On perusal of records revealed that though this Court quashed the FIRs registered in Crime Nos. 2 & 3 of 2016 by an order 23.09.2022, disposed the Writ Petition in W.P.No.24522 of 2021, thereby directing the respondent to consider the representation of the petitioner dated 04.09.2021, after issuance of notice to the petitioner and counter parties if any and after giving them opportunity of hearing pass orders on merits and in accordance with law, within a period of twelve weeks. Accordingly, the respondent conducted detailed enquiry and passed order dated 29.09.2022, thereby stating that the subject to the result of the quash petitions filed by the accused, patta will be registered in

the computer in respect of the land comprised in survey No.407/16. Therefore, the respondent rightly submitted before this Court and the order passed by this Court has been complied with. This Court finds no ground to reopen the contempt petition which was closed by an order dated 30.09.2022. 5.

Accordingly, the Sub Application stands dismissed. 12.07.2023 rts

G.K.ILANTHIRAIYAN, J.

rts Sub Application (OS)No.396 of 2023 in Cont.P.No.1928 of 2022 12.07.2023