A.Jayanthi v. Maharapoosanam Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.02.2021

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR Contempt Petition.No.2595 of 2014 1.A.Jayanthi 2.N.Jaganathan 3.A.Kaveriammal 4.T.Chinna Durai 5.M.Vasantha 6.C.Murugan 7.A.Lakshmi 8.S.Alamelu 9.K.Parvathi 10.A.Vasanthi 11.S.Meena 12.S.Mathammal 13.S.Saraswathi 14.K.Muthu 15.G.Soundar 16.P.Subramani .. Petitioners Vs.

1.Maharapoosanam, IAS, The District Collector, 2.Sakthivel, IPS, The Superintendent of Police, 1/5

3.karthikeyan, The Deputy Superintendent of Police, Police Training School, 4.Selvaraj, The District Revenue Officer, 5.Anish Sekar, The Revenue Divisional Officer, Mettur Dam, 6.Tamizh Mullai, The Tahsildhar, Mettur Dam, .. Respondents Prayer:Contempt petitions filed under section 11 of the Contempt of Courts Act to punish the respondents for wilfully disobeying the orders passed in W.P.No.22658 of 2014 dated 21.08.2014.

For Petitioners : Mr.G.Sankaran For Respondents : Mr.M.Elumalai Additional Government Pleader

ORDER

The Petitioner in the contempt petition, filed a writ petition in W.P.No.22658/2014 for issuing a Writ of Mandamus, to call for the records relating to the impugned order passed by the first respondent in G.O.Ms.No.187 Revenue (LD4) Department dated 06.06.2014, quash the 2/5

same and consequently direct the respondents to consider the claim of the petitioners for issuance of patta of the land in their respective occupation in the land in T.S.No.2/1, Ward-A, Block-1 in Mettur Dam, Mettur Taluk, 2.This Court by order dated 21.08.2014 dismissed the writ petition in W.P.No. 22658/2014, in the following lines :

''8.The sub-Collector, in his written instructions to the learned Additional Government Pleader, submitted that patta can be granted to the houses, which are in existence for several years in T.S.No.2/1, after sub-division. He has also stated that only the vacant land in T.S.No.2/1, after, subdivision as 2/68 and 2/69 is transferred to the Police Department for the purpose of establishment of a police training school. In such circumstances, the petitioners cannot really have any grievance.

9.Therefore, the writ petition is dismissed. No Costs. Consequently, the above MPs are also dismissed." 3.This contempt petition is filed alleging the disobedience of the order passed in W.P.No.22658/2014 dated 21.08.2014. 4.The learned Additional Government Pleader submitted that the order of this Court cannot be construed as a direction to the concerned 3/5

respondent for grant of patta to the petitioners, taking note of the fact that a portion of the land in T.S.No.2/1 is found to be in enjoyment of the petitioners.

5.The stand taken by the respondents is recorded by this Court. 6.It is open to the respondents to consider the entitlements of individual persons for grant of patta. The request of petitioners or similarly placed persons can be considered. However there is no positive direction by this Court.

7.Therefore, this Court does not find any disobedience, much less wilful disobedience, of the order passed in W.P.No.22658/2014 dated 21.08.2014.

8.Recording the submission of the learned Additional Government Pleader appearing for the respondent, this Contempt Petition is dismissed. No Costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) tta //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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GS/27/07/2021 To

1. The District Collector,

2. The Superintendent of Police,

3. The Deputy Superintendent of Police, Police Training School,

4. The District Revenue Officer,

5. The Revenue Divisional Officer, Mettur Dam,

6. The Tahsildhar, Mettur Dam, 5/5