K.Panneerselvam v. U. Archana

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.02.2024

CORAM

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Contempt Petition No.2907 of 2023 K.Panneerselvam ... Petitioner Vs U.Archana The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Thenpathy, Sirkazhi Taluk, Mayiladuthurai District.

... Respondent Prayer: Petition filed under Section 11 of Contempt of Courts Act, 1971 praying to punish the respondent herein for having disobeyed and violated the order of this Court dated 28.02.2023 passed in W.P.No.5821 of 2023.

For Petitioner : Mrs.R.Meenakshi For Respondents : Mr.S.J.Mohamed Sathik Government Advocate 1/5

ORDER

This contempt petition has been filed for the alleged disobedience of the orders of this Court dated 28.02.2023 made in W.P.No.5821 of 2023.

2. Today when the case is taken up for hearing, Mr.S.J.Mohamed Sathik, learned Government Advocate appearing for the respondent has submitted that, pursuant to the orders passed by this Court, the representation submitted by the petitioner having been considered, the petitioner was directed to produce the documents in support of his claim as to whether he has purchased the property in question by way of sale deed or in other document and if so, the same can be produced, based on which, the issuance of patta can be issued and despite the said direction given, the petitioner since has not come forward to produce any such documents, the plea of the petitioner for grant of patta at this juncture cannot be considered, therefore accordingly it was rejected by the proceedings of the Revenue Divisional Officer of Sirkazhi Division by order dated 07.02.2024 and the copy of the said order also produced by the learned Government Advocate for the respondent. 2/5

3. The learned counsel appearing for the petitioner having receipt of such copy of the order dated 07.02.2024 would submit that, the rejection of the plea made by the petitioner by order dated 07.02.2024 would not preclude the petitioner to substantiate his claim by filing the necessary documents before the Revenue Divisional Officer and if those documents are produced before him, let it be considered and accordingly a decision may be made.

4. The said submission made by the learned counsel appearing for both sides have been taken on record.

5. In view of the same, as of now since there has been no documents produced before the R.D.O., an order passed by the Revenue Divisional Officer dated 07.02.2024 is to be accepted and accordingly based on which, this contempt petition need not be proceeded further, therefore it is to be closed accordingly is closed.

6. However, the closing of this contempt petition will not preclude the petitioner to produce the necessary documents, as desired by the 3/5

Revenue Divisional Officer, as has been stated in the order dated 07.02.2024 and if any such acceptable documents are filed by the petitioner, it is open to the Revenue Divisional Officer concerned to review the order and to pass a fresh order according to the merits of the case.

7. With this observation and direction, the Contempt Petition is closed.

28.02.2024 Index : Yes / No Speaking Order : Yes / No Sgl 4/5

R.SURESH KUMAR, J.

Sgl 28.02.2024 5/5