Madras High CourtCONT P/2230/2018closed

S.Pushpavathi v. M.Manickavel,

2018-12-07Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2018

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU Contempt Petition No.2230 of 2018 S.Pushpavathi

...Petitioner

vs.

Mr.M.Manickavel, The Tahsildar, Coimbatore Road, Kalimedu, Kankeyam, Tiruppur District - 638 701 ....Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for wilful disobedience of the order of this Court made in W.P.No.29701/2017 dated 21.11.2017.

For Petitioner : Mr.S.Kadarkarai For Respondent : Mr.I.Sathish, Additional Government Pleader

O R D E R

The present contempt petition is filed complaining that the order passed by this Court in W.P.No.29701/2017 dated 21.11.2017 has not been complied with.

2. This Court, while disposing the said writ petition has directed the Tahsildar to consider the representation of the petitioner dated 04.09.2017 and pass orders on the same on merits and in accordance with law. Through the said representation, the petitioner has sought for issuance of patta.

3. Today, when this Contempt Petition is taken up for further hearing after notice, it is represented by the learned Additional Government Pleader that the Tahsildar has passed an order on 20.11.2018, rejecting the request of the petitioner for grant of patta. He has also produced a copy of the said order.

4. Learned counsel for the petitioner submitted that the reasons stated in the said order dated 20.11.2018 is factually erroneous.

5. I do not think that the petitioner is entitled to canvass the correctness or otherwise of the order of the Tahsildar, dated 20.11.2018 in this contempt proceedings, since this Court has only directed the Tahsildar to pass orders on the representation. If the order passed by the Tahsildar is against the interest of the petitioner, it is always open to her to challenge the same in the manner known to law. Therefore, this Contempt Petition is closed,

by granting liberty to the petitioner to challenge the said order of the Tahsildar, in the manner known to law. SD/- ASSISTANT REGISTRAR(COMM.CASES) vsi //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/12/12/2018