M.Bagavath Singh v. Rajagopal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2021

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.1251 of 2021 M.Bagavath Singh, S/o.Muthur Nadar, 41, Swamy Nagar, Madhavaram, Chennai 600 060 ... Petitioner -vsMr.Rajagopal, Special Tahsildar, Urban Land Tax Scheme, Madhavaram.

... Respondent Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent herein for deliberate disobedience in complying with the order passed by the Hon'ble High Court dated 22.09.2016 passed in W.M.P.No.28761 of 2016 in W.P.No.33289 of 2016. For Petitioner :

Mr.J.Sudhakaran For Respondent :

Mr.M.Venkateswaran Government Counsel

ORDER

This contempt petition has been filed alleging willful disobedience of the interim order dated 22.09.2016 in W.M.P.No.28761 of 2016 in W.P.No.33289 of 2016.

2.Mr.R .S.Rajagopal, Special Tahsildar, Town Settlement, Madhavaram is present in Court along with the original files and has filed an 1/3

affidavit. The sum and substance of the averment in the affidavit is that he is a new incumbent and he was not aware of the order of interim stay granted on 22.09.2016. It appears that the earlier incumbent has effected name transfer on 12.10.2020 in the name of one Jayaseelan, who is none other than the brother of the petitioner Bagavath Singh. 3.In any event, an order of interim stay has been granted on the order passed by the third respondent dated 14.09.2016. Therefore, the authority should obey the said order and therefore, in order to avoid any contempt action, we give one opportunity to the respondent to restore the entry in the revenue records as it was prevailing on the date when the order of stay was granted and the revision of entry shall be made by referring to this order passed in this contempt petition.

This direction be implemented within a period of one week from the date of receipt of a copy of this order. 4.Accordingly, this contempt petition stands closed. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) cse //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.

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IM/19/11/2021 To The Special Tahsildar, Urban Land Tax Scheme, Madhavaram.

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