Madras High CourtCONT P/337/2018closed

Mrs. M. Jameela Rifanaa v. Tmt. M. Veni

2019-04-12Honourable Mr Justice M.M.Sundresh,Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2019

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Dr. JUSTICE ANITA SUMANTH Cont.P.No.337 of 2018 M.Jameela Rifanaa, W/o.Mohamed Gowth, Residing at No.77, North Street, Cheranmahadevi, Ambasamudram Taluk, Thirunelveli District.

Petitioner Vs.

M.Veni, The Sub Registrar, Pettai Sub Registrar Office, Tirunelveli District.

Respondent Petition filed under Section 11 of Contempt of Courts Act to punish the respondent for wilfully disobeying the orders passed by the Division Bench of this Court in W.P.(MD) No.9000 of 2015 dated 05.04.2017.

For Petitioner ..

Mr.R.Ganesh Babu For Respondent ..

Mr.T.M.Pappiah, Spl. Govt. Pleader

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.)

Alleging that the order dated 05.04.2017 passed by this Court in W.P.(MD) No.9000 of 2015 has not been complied with, the present contempt petition has been filed. 2.In the affidavit filed by the contemnor, the following averments have been made:

6.I humbly submit that as the Hindu Religious and Charitable Endowment Department is vehemently opposing the registration of the sale deed, I have no authority except to refuse registration under Section 22A of the Registration Act, 1908. Accordingly I have passed order Under No.2/2017 dated 21.09.2017 refusing to register the document under Section 22A.

3. In such view of the matter, we do not find any wilful disobedience of the order passed.

4. Learned counsel appearing for the petitioner submitted that the aforesaid order has not been communicated. Though we do not want to go into the said issue, we deem it appropriate to direct the contemnor to serve yet another copy of the order dated 21.09.2017 to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

5.In such view of the matter, the contempt petition stands closed. However, liberty is given to the petitioner to workout the remedy in the manner known to law. SD/- Assistant Registrar (Comm. Cases) mmi //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SD/17/05/2019