Nolambur Residents Welfare Association v. Atulya Misra I.A.S
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.02.2021
CORAM
THE HONOURABLE MR. JUSTICE S.S.SUNDAR Contempt Petition.No.1703 of 2019 Nolambur Residents' Welfare Association, Regn. No.189 of 1996, MIG-356, Nolambur Neighbourhood Scheme, Phase-I, Chennai-600 037.
Represented by its Secretary, M.Selvamani .. Petitioner Vs.
Dr.Atulya Misra I.A.S.
The Secretary to the Government, Revenue Department, Fort St., George, Chennai-600 009.
.. Respondent Prayer:Contempt petitions filed under section 11 of the Contempt of Courts Act to punish the respondent herein for their wilful disobedience of order made in W.P.No.34356 of 2018 dated 18.01.2019.
For Petitioner : Mr.P.P.Shanmugasundaram For Respondent : Mr.M.Baskar Additional Government Pleader
ORDER
The Petitioner in the contempt petition, had filed a writ petition in W.P.No.34356/2018 for issuing a Writ of Mandamus, to direct the respondents 2, 1/4
3 and 7 to effect transfer of the poromboke lands in S.Nos.316, 343 part 344 part and 345 part in 62, Nolambur Village, Maduravoyal Taluk and Thiruvallur District coming under the Nolambur Neighbourhood scheme, Phase-1 in favour of the fifth respondent so as to enable the members of the petitioner association to be issued with pattas in their names for their respective plots purchased by them and sale deed executed by the sixth respondent within a prescribed time limit. 2.This Court by order dated 18.01.2019 disposed of the writ petition in W.P.No. 34356/2018, in the following lines :
''Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the second respondent to consider the petitioner's representation and pass appropriate orders, on merits and in accordance with law, after issuing notice and also affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of four weeks from the date of receipt of copy of this order'' 3.This contempt petition is filed alleging wilful disobedience of the order passed in W.P.No.34356/2018 dated 18.01.2019. 4.The learned Additional Government Pleader appearing for the respondent, on instructions, states that the representation of the petitioner was considered and 2/4
an order has been passed by the Additional Chief Secretary to Government on 08.05.2019 and it is stated that necessary proposal for alienation of the land to State Housing Board regarding Nolambur Housing Board Scheme has been called for from the Additional Chief Secretary/Commissioner of Land Administration and on receipt of the same, orders will be issued expeditiously in this issue. The respondent has not passed any fresh order after the order dated 08.05.2019. 5.Considering the facts and circumstance of this case, this Court does not find any disobedience, much less wilful disobedience, of the order passed in W.P.No.34356/2018 dated 18.01.2019.
6.Recording the submission of the learned Additional Government Pleader appearing for the respondent reporting compliance, this Contempt Petition is closed. 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/24/06/2021 To The Secretary to the Government, Revenue Department, Fort St., George, Chennai-600 009.
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