M. Palanisamy v. M.Rangapandian

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :09.06.2025

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA Cont P No.1499 of 2025 in W.P.No.32101 of 2024 M. Palanisamy ... Petitioner vs1. Mr. M. Rangapandian Tahsildar, Coimbatore (North) Coimbatore.

2. Mr. P. K. Govindan, Revenue Divisional Officer, Office of the Revenue Divisional Officer, Coimbatore.

3. Dr. M. Sharmila, District Revenue Officer Office of the District Revenue Officer, Coimbatore.

4. Mr. Pavankumar G. Giriyappa Navar I.A.S, District Collector, Coimbatore District.

5. Mrs. Maheshwari, Zonal Deputy Tahsildar, Coimbatore North (02 Taluk), Coimbatore (12) District.

... Respondents 1/5

Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for contempt of Court for having violated deliberately and wantonly the order of this Court dated 06.11.2024 and made in W.P. No. 32101/24.

For Petitioner : Mr. I. Kowser Nissar For Respondent : Mr. A. Selvendran Special Government Pleader

ORDER

This Contempt Petition has been filed seeking to punish the respondents for their wilful disobedience of the orders passed by this Court in W.P.No.32101 of 2024 dated 06.11.2024.

2. In paragraph 11 of the affidavit filed in support of the writ petition No.32101 of 2024, the petitioner has stated as follows:- "I humbly submit that I therefore applied for patta which culminated in the order of this Hon'ble Court in W.A.No.3020 of 2021 dated 22.07.2022 that I could get patta mutated on obtaining possession. My claim for 2/5

possession had been rejected by the Executing Court erroneously and against the same, I am preferring appeal before this Court".

3. Considering the language of the order passed in W.A.No.3020 of 2021 wherein the Bench has observed as follows:- "Therefore, we need to clarify that till possession of the land is taken by the appellant in the manner known to law, issuance of patta for the land in possession of others alleged to be for more than 35 years cannot be directed".

It is seen that patta cannot be granted till possession is taken by the petitioner.

4. From a reading of paragraph 11 of the affidavit filed in the writ petition, it is also seen that the Executing Court has rejected the claim of the petitioner and a revision was filed against the said order which is pending before this Court. Therefore, as on date, there is no contempt of the orders of this Court. Since the order of the Division Bench 3/5

clearly states that the patta cannot be considered till possession is taken by the petitioner, this Contempt Petition is dismissed. 09.06.2025 Index: Yes/No Speaking order/non-speaking order srn 4/5

P.T.ASHA, J., srn Cont P No.1499 of 2025 in W.P.No.32101 of 2024 09.06.2025 5/5