S.Sarvothaman v. D.Silambarasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2021

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Contempt Petition No.1247 of 2019 and Sub Application No.312 of 2019 S.Sarvothaman, No.79, 6th Main Road, Mahaveer Nagar, Pondicherry-605 008.

.. Petitioner -vsD.Silambarasan, The Sub-Registrar, Oulgaret, Pondicherry-605 010.

.. Respondent PETITION under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for wilfully and wantonly disobeying the order of this Court dated 07.02.2019 in W.A.No.336 of 2019 and the consequential order of this Court dated 12.03.2019 in Contempt Petition No.409 of 2019. For Petitioner :

Mr.M.Devaraj For Respondent :

Mr.C.T.Ramesh Additional Government Pleader 1/3

ORDER

(Order of the Court was made by T.S.Sivagnanam, J.) This Contempt Petition has been filed by the petitioner alleging wilful disobedience of the order and direction in Contempt Petition No.409 of 2019 in W.A.No.336 of 2019 dated 12.03.2019.

2.Mr.D.Silambarasan, Sub-Registrar, Oulgaret, Pondicherry, who is alleged to have committed contempt, has appeared before this Court virtually and we have heard him as well as the learned Additional Government Pleader and it is his submission that appropriate entries have been made in the Encumbrance Certificate, which can be viewed online and the same has been updated as on 18.09.2019.

3.It appears that there was Settlement Deed executed by the petitioner in favour of his wife, which is yet to be taken up for registration. The SubRegistrar submitted that there are several objections raised with regard to the registration of such Settlement Deed and there are also Court cases and therefore, the Sub-Registrar has referred the matter to the Law Department. This, in our considered view, is the subsequent cause of auction, as the original issue, which was subject matter of contempt petition, was with regard to the registration of a Compromise Degree dated 29.04.1970 in O.S.No.6 of 1968 on the file of the Principal District Court, Puducherry. 2/3

This having been completed, we are of the view that there would not be any necessity to keep the contempt petition pending any longer. Accordingly, while closing this contempt petition, we direct that the appropriate authority may conduct enquiry with regard to the registrability of the Settlement Deed and proceed to pass orders on merits and in accordance with law. This Contempt Petition stands closed, accordingly. No costs. Consequently, connected sub application is also closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) abr //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/22/11/2021 To The Sub-Registrar, Oulgaret, Pondicherry-605 010.

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