Madras High CourtCONT P/3171/2024closed

Mr. J.Alexander, v. Mr. M.Kanagaraj And 2 Others

2024-12-05Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 05.12.2024

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR J.Alexander ... Petitioner Vs

1. Mr.M.Kanagaraj, District Registrar, O/o.District Registrar, Salem West, No.313, 3rd Floor, District Registration Office Campus, Kottai Main Road, Salem.

2. Mrs.P.R.Senthamarai, Sub Registrar Joint - III, Salem West, No.314, 3rd Floor, Collectorate Campus, Salem - 636 001.

3. B.George Arogiayaraj ... Respondents Prayer:- Contempt Petition filed under Section 11 of the Contempt of Court Act to punish the respondents for their willful disobedience of the Orders of this Court dated 30.07.2024 passed in Review Application No.130/2024 in W.P.Nos.8308 and W.P.No.19499 of 2024.

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For Petitioner : Mr.R.Ramesh For Respondents : Mr.P.Kumaresan Additional Advocate General Asst.by Mrs.Meera Arumugham Additional Government Pleader

ORDER

Heard Mr.R.Ramesh learned Senior Counsel appearing for the petitioner and Mr.P.Kumaresan, learned Additional Advocate General appearing for the respondents.

2. This Court by an Order dated 30.07.2024 in the Review Application No.130 of 2024, had recalled the Order pased in W.P.No.8308 of 2024 dated 01.04.2024 and directed the concerned Sub Registrar to remove the entries made in the encumbrance certificate subsequent to the Order passed in the above Writ Petitions.

3. The learned counsel appearing for the petitioner mainly would contend that from the date of Order passed in the Writ Petition and the date of Order in the Review Application, a settlement deed came to be executed in favour of the wife of the third respondent. Hence seeks to remove the entiry.

4. Whereas, the learned Additional Advocate General brought to the 2/4

notice of this Court that the Order of cancellation of the settlement deed and dismissal of the writ petition have been properly reflected in the encumbrance.

5. As the Orders of this Court is already reflected in the entries, contention of the writ petitioner that the settlement deed registered shall also be removed has no force at all in the eye of law as the writ petition itself has been dismissed, any document executed subsequently will not be valid. If the petitioner is still not satisfied, it is for him to register the final Order passed in the Review Application.

6. With the above observations, this Contempt Petition is closed. 05.12.2024 vrc 3/4

N.SATHISH KUMAR, J.

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