Madras High CourtCONT P/2882/2016closed

M.Thanikaivel v. Mr.Balachandran

2018-04-06Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2018 CORAM :

THE HONOURABLE Mr.JUSTICE R.SUBBIAH Cont.P.No.2882 of 2016 and Sub-Application (OS).No.649 of 2016 M.Thanikaivel ... Petitioner Vs.

M.Balachandran, Sub-Registrar, Suramangalam, Salem District.

... Respondent Contempt Petition filed under Sections 10 & 11 of the Contempt of Court Act, seeking to punish the respondent for the willful and deliberate violation of the order of this Court dated 15.04.2016 in W.P.No.11036 of 2016. For Petitioner : Mr.P.Nethaji For respondent : Mr.M.Elumalai, Govt Advocate

ORDER

This Court, while allowing the writ petition in W.P.No.11036 of 2016 along with another Writ Petition in W.P.No.11037 of 2016, vide common order dated 15.04.2016, by relying of the decision reported in 2014(3) CTC 113 (D.V.Loganathan Vs. the Sub-Registrar, Pallavaram, Chennai and another) has passed the following order_ "10.By applying the same herein, the registration of the cancellation deeds vide Document Nos.3561 and 3562 of 2014 dated 20.06.2014 on the file of the second respondent thereby cancelling the settlement deeds already https://hcservices.ecourts.gov.in/hcservices/

executed by the third respondent in favour of the petitioners vide Doc.Nos.3572 and 3574 of dated 27.05.2013, are quashed.

Consequently, the registration of the settlement deed dated 20.08.2015 bearing Document No.4900/2015 executed by the third respondent in favour of the fourth respondent is also quashed. Accordingly, both the writ petitions are allowed. However, the third respondent is at liberty to seek remedy before the competent civil Court. No costs. Consequently, connected Miscellaneous Petitions are closed.

2.Alleging non-compliance of the order dated 15.04.2016, the present contempt petition has been filed by the petitioner.

3.Today, when the matter is taken up, the learned Government Advocate appearing for the respondent submitted that the order of this Court has been duly complied with by the respondent.

4.Recording the submission made by the learned Government Advocate, this Contempt Petition is closed. Connected Sub-Application is also closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

One cc to the Government Pleader sr.No.5716.

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