M/S.Tripower Properties Limited v. M.P.Sivanarul Ias., And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.DHANDAPANI M/s.Tripower Properties Limited, Rep. by its Director, No.2/569, Sandy Nook, Singaravelar 1st Main Road, Chinna Neelangarai, Chennai - 600 115.

... Petitioner vs.

1.M.P.Sivanarul, I.A.S., The Inspector General of Registration, 100, Santhome High Road, Chennai - 600 028.

2.Asha, The Sub Registrar, Thamaraipatti SRO, Registration District of Madurai North, Madurai.

... Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the respondents for non-compliance of the order dated 23.11.2022 passed in W.P.No.31257 of 2022. For Petitioner : Mr.P.Krishnan For Respondent : Mr.V.Ravi Special Government Pleader 1/4

ORDER

This Contempt Petition is filed seeking to punish the respondents/contemnors for wilful disobedience of the order dated 23.11.2022 passed in W.P.No.31257 of 2022.

2. This Court, by its order, dated 23.11.2022, issued a direction to the second respondent to entertain the Sale Certificate dated 15.02.2022 presented by the petitioner in terms of Section 89 of the Registration Act, 1908, if there is no legal impediments and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of that order. Since the said order was not complied with, the present contempt petition is filed.

3. Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the respondents/contemnors has produced the memorandum of compliance submitted by the second respondent dated 25.08.2023, in which, it has been stated that, the petitioner has to send a copy of the Sale Certificate along with prescribed filing fees to the Sub Registrar, Melur (West), since the properties dealt 2/4

with in the said Sale Certificate relates to, had been transferred to the newly formed Sub Registry, Melur (West). Though the Sub Registrar, Melur (West) has sent a communication to the petitioner to send the Sale Certificate along with prescribed filing fess, however, till date, the petitioner has not sent the same. Hence, he submits that there is no wilful disobedience on the part of the respondents/contemnors.

4. From the above submissions, it is clear that, pursuant to the order passed by this Court, the respondents/contemnors has taken effective steps to comply with the order under contempt, however, the petitioner has not submitted the Sale Certificate along with necessary filing fees despite the communication sent by the Sub Registrar, Melur (West). Therefore, there is no wilful disobedience on the part of the respondents/contemnors. Accordingly, this Contempt Petition is closed. 25.08.2023 Index : Yes/No Speaking Order/ Non-speaking order sp 3/4

M.DHANDAPANI,J.

sp 25.08.2023 4/4