Madras High CourtCONT P/2537/2016dismissed

Neelamegam, v. S.Kumaravel,

2017-01-12Honourable Mr Justice S. Nagamuthu,Honourable Mr Justice N. Authinathan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12..01..2017 Coram The Honourable Mr.JUSTICE S.NAGAMUTHU and The Honourable Mr.Justice N.AUTHINATHAN Contempt Petition No.2537 OF 2016 Neelamegam ... Petitioner -VersusS.Kumaravel, Village President, No.46, Thaiyur Village, Thiruporur Talukm, Kancheepuram District.

... Respondent Petition filed under Section 10 of the Contempt of Courts Act, praying to punish the respondent for having willfully disobeyed the decree and judgement made by the learned District Munsif, Chengalpattu, dated 15.03.2006 in O.S.No.306 of 1998 and consequently direct the respondent to surrender possession to the petitioner.

For Petitioner : Mr.G.Vasudevan For Respondent : No Appearance

ORDER

Seeking to punish the respondent for the alleged disobedience of the decree and judgement dated 15.03.2006 made in O.S.No.306 of 1998 and for a consequential direction to the respondent to surrender the possession of the property in question, the petitioner has come forward with this contempt petition.

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2. The petitioner alleges that the respondent - President,Thaiyur Village Panchayat, has violated the decree for permanent injunction passed by the learned District Munsif, Chengalpattu in O.S.No.306 of 1998 on 15.03.2006.

3. We have gone through the decree of the learned District Munsif which shows that the decree was passed not against the President of Village Panchayat, but, it was against an individual by name S.Kumaravel, who also incidentally happen to be the President of the Village Panchayat. Since there is no decree against Panchayat represented by President, the respondent who is presently the President of Village Panchayat cannot be in any manner held liable for the alleged violation of decree passed by the learned District Munsif.

4. In view of the above, contempt petition is dismissed.

SD/ JOINT REGISTRAR(OS) //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.

SM/CO/16/05/2017 https://hcservices.ecourts.gov.in/hcservices/