R.Chidambaram, v. Thiru.R.Selvaraj, Ias.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2017

CORAM

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN Cont.P.No.2972 of 2016 R.Chidambaram ... Petitioner vs

1. Thiru.R.Selvaraj, I.A.S, The Inspector General of Registration, Registration Department, Santhome, Chennai - 600 004.

2. Thiru.R.Rajan, The District Registrar, Chengalpet, Kanchipuram District.

3. Thiru.V.Balaji, The Sub Registrar, Madurantagam, Kanchipuram District.

... Respondents Prayer:- Contempt Petition has been filed under Section 11 of Contempt of Court Act to punish the respondents for their willful disobedience of the order passed in W.M.P.No.15660/2016 in W.P.No.17903 of 2016 dated 12.05.2016.

For Petitioner :

Mr.A.Rajesh Kanna For Respondents :

Mr.M.Elumalai Government Advocate

O R D E R

The Contempt Petition has been filed alleging that the order of this Court dated 12.05.2016 passed in

W.M.P. No. 15660 of 2016 in W.P. No. 17903 of 2016 has been violated.

2.

This Court, on 12.05.2016, passed the following order in W.M.P. No. 15660 of 2016 in W.P. No. 17903 of 2016:

"If the Sale deed dated 25.04.2016 vide document No.1839 of 2016 registered in favour of the sixth respondent is not yet released by the Registering Authorities, the Registering Authority is directed not to release the said document until further Orders."

However, stating that the aforesaid order has been violated, Petitioner has filed this Contempt Petition. 3.

A counter affidavit has been filed by the 3rd respondent stating that though the order was passed by this Court on 12.05.2016 and the order copy was received on 06.06.2016, the document was returned on 01.06.2016 itself. 4.

A perusal of the order copy would reveal that though the order was passed on 12.05.2016, it was made ready only on 30.05.2016. There is no proof filed on behalf of the petitioner to show that the respondents were served even before 01.06.2016 and that they had knowledge about the order of this Court. A receipt has been produced before this Court by Mr.M. Elumalai, learned Government Advocate for having returned the document to the party on 01.06.2016. Hence, in the absence of any proof to show

that the respondents had knowledge about this Court's Order, when the document was returned on 01.06.2016, it cannot be termed as Contempt.

5.

Hence, this Court finds that there is no case for contempt made out and the Contempt Petition is closed. SD/- JOINT REGISTRAR(OS)(i/c) rna/nv //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.

GSR/CO/18/07/2017 To

1. The Inspector General of Registration, Registration Department, Santhome, Chennai - 600 004.

2. The District Registrar, Chengalpet, Kanchipuram District.

3. The Sub Registrar, Madurantagam, Kanchipuram District.

one cc to the Govt.Pleader, High Court,SR.No.6215/17