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Madras High CourtSUB APPL/316/2025dismissed

M.Salai Kanaganathai, v. B.Uma Mageswari

2025-04-25Honourable Mr Justice S. M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.04.2025 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM in Contempt Petition Dr.No.89800 of 2024 M. Salai Kanganathai ...

Applicant Vs B. Uma Mageswari Zonal Deputy Tahsildar Kulathur Taluk, Kulathur, Keeranoor, Pudukottai District 622 502 ....

Respondent Prayer in Sub. Appln.(OS)No.316 of 2025 : This Sub Application has been filed under Section 151 of CPC to grant leave to file the contempt petition praying for punishing the respondent for contempt of Court for causing willful, intentional, deliberate and wanton disobedience to the order of the Hon'ble High Court of Madras dated 09.06.2023 made in W.P.No.262 of 2018 and batch in W.P.SR.No.89800 of 2024.

Prayer in Sub. Appln.(OS)No.317 of 2025 : This Sub Application has been filed to accept the cause title in the contempt petition in Cont.P.Sr.No.89800 of 2024 pending on the file of this Hon'ble Court.

Prayer in Sub. Appln.(OS)No.318 of 2025 : This Sub Application has been filed to dispense with the production of certified copy of the order dated 09.06.2023 made in W.P.No.262 of 2018 and batch. For Petitioner : Ms. S.Sri Ranjini For respondent in all Sub.Applns.

: Mr. A.Anandan, Gov. Advocate.

COMMON ORDER Since the petitioner is a third party to the writ proceedings, Sub Application has been filed to grant leave, accept the cause title and dispense with the production of certified copy of the order dated 09.06.2023.

2. This Court passed a common order to dispose of the applications filed under the provisions of Tamilnadu Patta Pass Book Act.

3. The learned counsel for the petitioner would submit that civil suit is pending between the parties.

4. During the pendency of the civil suit , the Revenue Authorities are not empowered to issue patta. Under Section 3 of the Tamil Nadu Patta Pass Book Act, the owners alone is entitled to seek patta. In the event of any dispute relating to title/ownership, the parties are to be relegated to approach the civil Court. In the present case, the civil suit is pending and therefore, the parties have to crystallize their respective civil rights before the competent court of law.

5. In view of the above facts, all the sub applications are dismissed. 25.04.2025 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No mrp

S.M.SUBRAMANIAM, J.

mrp in Contempt Petition Dr.No.89800 of 2024 25.04.2025