K.M.Liyakath Ali Khan v. Mr.Ponnaiah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2021

CORAM:

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR Cont.P. No.2092 of 2017 K.M.Liyakath Ali Khan, 13B, Ram Nagar South, Pallikaranai, Sholinganallur, Kancheepuram District .. Petitioner Vs 1.Ponnaiah The Collector, Kancheepuram District.

2.Jayaprakash The Tahsildar, Sholinganallur, Kancheepuram District.

.. Respondent Contempt Petition filed under Section 11 of the Contempts of Court Act, praying to punish the respondents for flouting the order passed by this Court in W.P. No.1054 of 2017 dated 12.01.2017.

For Petitioners : Mr. R.Karunagaran For Respondents : Mr. M.Elumalai Additional Government Pleader O R D E R This Contempt Petition has been filed alleging willful disobedience of the order passed by this Court in W.P. No.1054 of 2017 dated 12.01.2017.

2. The petitioner filed a Writ Petition seeking direction to the respondents to dispose of the petitioner's representation dated 14.06.2016 and 12.07.2016. This 1/3

Court passed an order on 12.01.2017, directing the respondents to consider the petitioner's representation dated 14.06.2016 and 12.07.2016, in accordance with law. Though the order was passed on 12.01.2017, the respondents by a proceeding dated 03.03.2021, passed an order stating that the request of the petitioner granting patta for an extent of 1200.5 Sq.ft. in Survey No. 9, has to be rejected.

3. Learned counsel appearing for the petitioner though refers to the proceeding by which an appeal preferred by the petitioner's predecessor in interest went in his favour, this Court is not inclined to go into the merits of the petitioner's submissions in the contempt petition. Though there is some delay, this Court is of the opinion that mere delay may not lead to inference of wilful disobedience in this case.

4. Based on the submission of learned Additional Government Pleader, reporting compliance, this Contempt Petition is closed. It is open to the petitioner to challenge the order passed by the respondent, in the manner known to law. SD/- ASSISTANT REGISTRAR(COMM.CASES) bkn //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/08/06/2021 To

1. The Collector, Kancheepuram District.

2. The Tahsildar, Sholinganallur, Kancheepuram District.

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