Geetha v. S. Raja ,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.08.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA Sub Application No.340 of 2019 in Contempt Petition No.2643 of 2018 in W.P.No.18146 of 2018 Geetha, W/o A.Venkatamani, 6/15, Thiru Vi AK Nagar, Balaraman Street, Chennai 82.
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Petitioner/Petitioner -vs1. Mr.S.Raja, The District Registrar, (District Registrar Office), Kancheepuram, Kancheepuram District.
2. Mr.Dhanasekar, The Sub Registrar, (Sub Registrar Office), Red Hills, Chennai 600 066.
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Respondents/Respondents Sub Application filed under Section 151 of CPC praying this Court be pleased to restore the Contempt Petition No.2643 of 2018 which was dismissed for non prosecution on 04.03.2019.
The above Sub Application coming on this day before this Court for hearing in the presence of M/s.K.Nagarajan, Advocate for the petitioner herein; and of
Mr.M.Thamizharasan, Government Advocate for the respondents herein; and upon reading the Application and affidavit of Geetha, filed herein; the Court made the following order:- " This sub application has been filed to reopen the contempt petition that was dismissed on the ground that the petitioner failed to show how the respondents have not complied with the order, since the petitioner gave a representation dated 26.6.2018 to the respondents to consider her request for registration of the document in respect of the property bearing Patta No.930, Survey No.72/6 measuring about 2400 sq.ft., situated at No.118, Padiyanallur Village, Ponneri Taluk, Tiruvallur District in favour of one Shanthi as per the sale agreement dated 8.7.2017.
2. Pursuant to the order passed by this Court on 18.7.2018 directing the respondents to consider the petitioner's representation, the Sub Registrar, Red Hills, in his communication dated 27.12.2018, taking note of the direction issued by the District Collector, Tiruvallur that the property sought to be registered by the petitioner is falling in unapproved layout areas of Bharat Nagar, which is affected by water logging in the absence of drainage network, and moreover, the layout owners have also completely encroached the existing PWD channels and water ways and converted as streets for the unapproved layouts, has informed the petitioner that the Sub Registrar office will not entertain the registration of instrument without getting NOC from the District Collector.
3. As the representation of the petitioner has been considered by the reply dated 27.12.2018, nothing survives in the matter. Accordingly, the sub application stands closed. "
WITNESS THE HON'BLE SHRIMATI. JUSTICE VIJAYA KAMLESH TAHILRAMANI, THE CHIEF JUSTICE OF HIGH COURT AT MADRAS, AS AFORESAID, THIS THE 29TH DAY OF AUGUST 2019. sd./- ASSISTANT REGISTRAR(COMM. CASES) //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.
VA/16/09/2019 Sub Application No.340 of 2019 in Contempt Petition No.2643 of 2018 THE HON'BLE MR.JUSTICE T.RAJA
ORDER
DATED :29.08.2019 FOR APPROVAL :16.09.2019 APPROVED ON :19.09.2019