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Madras High CourtCONT P/1919/2022closed

P.Nanjundasamy v. Mrs.Rajeshwari

2022-11-18Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR P.Nanjundasamy ... Petitioner Vs.

Mrs.Rajeshwari The Inspector of Police, District Crime Branch, Coimbatore, Coimbatore District.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempts of Courts Act, 1971 to punish the respondent for willful disobedience of the order of this Court dated 12.01.2022 passed in Crl.O.P.No.617 of 2022, corrected order dated 18.02.2022.

For Petitioner :

Mr.M.Venkatesh For Respondent :

Mr.L.Bhaskaran Government Advocate [Crl. Side] 1/5

ORDER

This contempt petition is filed to punish the respondent for willful disobedience of the order of this Court dated 12.01.2022 passed in Crl.O.P.No.617 of 2022.

2.The petitioner earlier filed a petition in Crl.O.P.No.617 of 2022 stating that the District Crime Branch failed to register a case based on the complaint of the petitioner dated 14.09.2020. This Court by order dated 12.01.2022 directed the respondent police therein to consider the petitioner's complaint as well as the proceedings of the District Registrar, Registration Department, Coimbatore in Na.Ka.No.4984/M1/2021 dated 24.12.2021. Since, no action was taken, the petitioner issued pre-contempt notice and thereafter, the above contempt petition is filed. 3.The District Registrar passed an order on 24.12.2021 in Na.Ka.No.4984/A1/2021 giving a finding that forgery was proved and 2/5

directed that pursuant to Document No.2486/2018, no registration to be made. One Mr.J.Rajasekar filed a writ petition in W.P.No.15921 of 2021 against several persons including the petitioner herein as well as M/s.The Royal Lands and Nest Co-operative Housing Society challenging the District Registrar, Coimbatore letter No.4984/Aa1/2021 dated 08.06.2021. This Court disposed of the writ petition giving direction to the District Registrar, Registration Department, Coimbatore to examine the representation given by Mr.J.Rajasekar dated 12.07.2021, issue notice to all the parties concerned and pass orders and the said exercise to be completed within a period of twelve weeks. The issue therein pertains to Document No.

4211/2018 against the order of the District Registrar and appeal was preferred before the Deputy Inspector General, Registration Department, Coimbatore. He also independently filed a writ appeal in W.A.SR.No.76754/2022 on 20.07.2022 challenging the order of this Court in W.P.No.15921 of 2021. Simultaneously, the order of District Registrar, Registration Department, Coimbatore was challenged before the Deputy Inspector General, Registration Department, Coimbatore and the same is pending. The said Mr.Rajasekar is the counter petitioner to the petitioner's contention.

two proceedings are pending, one before this Court by way of writ appeal and another appeal before the Deputy Inspector General, Registration Department, Coimbatore.

4.Finding that interse parties have filed appeal and the same is pending as stated above, this Court is not inclined to entertain this petition. Accordingly, the contempt petition stands closed. No costs. 18.11.2022 Index : Yes/No Internet : Yes/No cse To Mrs.Rajeshwari The Inspector of Police, District Crime Branch, Coimbatore, Coimbatore District.

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M.NIRMAL KUMAR, J.

cse 18.11.2022 5/5