Anil Kumar v.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2016
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Contempt Petition No.976 of 2016 and Review Application No.81 of 2016 and WMP.No.29165 of 2016 in Rev.Aplw.No.81 of 2016 Cont.P.No.976 of 2016 Anil Kumar ... Petitioner Vs Mr.Ravindran The Sub Registrar, Alandur, Chennai - 600 016.
...
Respondent Rev.Aplw No.81 of 2016
1. The Inspector General of Registration and Chief Revenue Authority, Chennai - 600 028.
2. The District Registrar - Administration, South Chennai, Saidapet, Chennai - 600 015.
3. The Sub-Registrar, Alandur, Chennai - 600 016.
... Applicants Vs Anil Kumar ...
Respondent Prayer in Cont.P.No.976 of 2016 : Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, to punish the third respondent for willfully disobeying the order dated 25.01.2016 made in WP.No.38053 of 2015. Prayer in Rev.Aplw.No.81 of 2016 : Review Application filed under Order XLVII Rule 1 r/w Sec.114 of Code of Civil Procedure, to allow the review application by setting aside
the order passed by this Court in WP.No.38053 of 2015. For Petitioner : Mr.Jayesh B Dolia for [in Cont.P.No.976/2016] M/s.Aiyar and Dolia For Petitioners : Mr.V.Ayyadurai, AAG [in Rev.Aplw No.81/2016] Assisted by Mrs.J.Sri Jayanthi, Spl GP For Respondent : Mr.V.Ayyadurai, AAG [in Cont.P.No.976/2016] Assisted by Mrs.J.Sri Jayanthi, Spl GP For Respondent : Mr.Jayesh B Dolia for [in Rev.Aplw No.81/2016] M/s.Aiyar and Dolia COMMON ORDER Seeking to review the order dated 25.01.2016 passed by this Court in WP.No.38053 of 2015, the present review application has been filed. Incidentally, the application has been filed seeking additional grounds. Alleging that the said order has been willfully disobeyed, contempt petition has also been filed.
2. The learned Additional Advocate General submits that the impugned order has been passed by placing reliance upon the wrong circular dated 13.09.2011, whereas the relevant circular is different. Hence, the review sought for is based upon the above said premise.
3. The learned counsel appearing for the contempt petitioner submits that for the mistake committed by the respondent, the said petitioner cannot be faulted with and in any case, it is a settled position of law that the impugned order cannot be improved by subsequent reasons sought to be assigned.
4. As rightly submitted by the learned counsel appearing for the contempt petitioner, the impugned order will have to stand on its own legs. It is not in dispute that the impugned order was passed placing reliance upon the circular dated 13.09.2011, which does not have any bearing on the case on hand.
5. If the review applicants are of the view that if some other order or circular is applicable to the case on hand, certainly it is open to the said authority to pass appropriate orders, of course, after following the due procedure, in which case, the contempt petitioner is entitled for notice.
6. Suffice it to state that there is nothing wrong in the order passed by this Court. Accordingly, the following order is passed :
1. The review applicants are directed to release the document to the contempt petitioner with an endorsement that the said release is made subject to further proceedings, if any, to be initiated.
2. In the event of initiating any further proceedings, the review applicants will have to issue notice to the contempt petitioner and thereafter, pass appropriate orders.
7. The review applicants shall release the documents by complying with the above said directions, within a period of four weeks from the date of receipt of a copy of this order.
8. With the above said observation and directions, the contempt petition and review application stand closed.
Consequently, connected miscellaneous petition is closed.
ds SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.
CO/01/11/2016 One CC to Mrs.J.Sri Jayanthi, Special Government Pleader, SR.13238/2016 One CC to M/s.Aiyar & Dolia, Advocate, SR.13102/2016 To:
1. The Inspector General of Registration and Chief Revenue Authority, Chennai - 600 028.
2. The District Registrar - Administration, South Chennai, Saidapet, Chennai - 600 015.
3. The Sub-Registrar, Alandur, Chennai - 600 016.
4. The Public Prosecutor, High Court, Madras.