Narayanasamy v. S.Negarunisa

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED : 30.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Narayasamy, Kadali Village & Post, Melmalayam, Villupuram District ... Petitioner -Vs1.S.Negarunisa Thasildar, Melmalayanur Taluk Villupuram District.

2.K.Syed Gouse Basha Surveyor, Melmalayanur Taluk Villupuram District.

... Respondents Prayer : Contempt Petition under Section 11 of the Contempt of Courts Act to punish the respondents for wilfully and deliberately disobeying the order of this Hon'ble Court dated 03.01.2019 made in W.P.No.29140 of 2017. For Petitioner :

Mr.K.Balaganesh For Respondents :

Mr.Richardson Wilson Government Counsel

O R D E R

This contempt petition has been filed for the alleged disobedience of the order dated 03.01.2019 made in W.P.No.29140 of 2017.

2. When the contempt petition was taken up for hearing, Mr.Richardson Wilson, learned Government Counsel submits that, though belatedly, the order of this Court has been complied with and in this regard he has relied upon the order of Patta issued in this regard by the Tahsildar concerned on 28.07.2021. A copy of the said order has also been filed before this Court. On a perusal of the same, this Court feels that, the order of this Court dated 03.01.2019 has been complied with.

3. However, the learned counsel for the petitioner would submit that, though Patta had been issued as sought for by the petitioner, insofar as the extent is concerned, only a lesser extent has been mentioned in the Patta in the order dated 28.07.2021, and therefore it cannot be construed as a compliance of the order of this Court.

4. Be that as it may. The direction given by this Court dated 03.10.2019 is only to consider the representation of the petitioner dated 24.07.2017 and 27.07.2017 and to pass orders on merits.

5. Pursuant to the said direction, now orders have been passed and patta has been issued. However, if still the petitioner feels that, there is any infirmity in the order passed by the respondents, the same can be challenged in the manner known to law. Therefore, for that reason, this contempt petition cannot be proceeded further.

6. Accordingly, this contempt petition is closed with a liberty to the petitioner to challenge the order dated 28.07.2021 referred to above, if he is so advised, in the manner known to law.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kst //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/04/10/2021 To 1.The Thasildar, Melmalayanur Taluk Villupuram District.

2. The Surveyor, Melmalayanur Taluk Villupuram District.