Irusappa Gounder v. Brinda Devi B.D.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :20.02.2019

CORAM

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH Contempt Petition No.2774 of 2018 Irusappa Gounder ... Petitioner Vs.

1.Dr.R.Brinda Devi B.D.S., The Competent Authority & Special District Revenue Officer(L.A) National Highways No.66, Villupuram, Villupuram District.

2.Thirunavukarasu, The Special Tahsildar (Land Acquisition), National Highways-66, Dindivanam, Vilupuram District.

... Respondents Contempt petition is filed under Sections 11 of the Contempt of Courts Act, 1971, to summon the respondents herein and to punish them for disobeyance of the order dated 09.03.2017 passed in W.P.No.43332 of 2016 of this Court.

For Petitioner : Mr.P.Thirupathi For Respondents : Mr.J.Purushothaman, Government Advocate

O R D E R

From the communication sent to the Office of the Government Pleader dated 30.01.2019, it appears that the order of this Court has been complied with belatedly instead of making reference within six weeks, it was done after nine months. The Civil Court viz., the Principal District Court, Villupuram, returned the papers on the ground that though this Court by an order dated https://hcservices.ecourts.gov.in/hcservices/ 09.03.2017 in W.P.No.43332 of 2016 directed to file a claim petition within a period of six weeks from the date of

receipt of a copy of the order, the same was filed after a period of nine months.

2. The aforesaid action cannot be termed as a wilful disobedience. The grievance of the petitioner appears to be over the returned papers by the Principal District Court, Villupuram, declining to entertain the reference. This situation has occasioned due to the failure of the respondents in referring the matter as directed. In such view of the matter, a direction is issued to the first respondent to represent the papers before the Principal District Court, Villupuram, within a period of four weeks from the date of receipt of a copy of this order. On such representation, the Principal District Court, Villupuram, is directed to number it and post it thereafter for adjudication on merits without returning it once again on the ground of non compliance of the order of this Court. Accordingly, the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) raa //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.

https://hcservices.ecourts.gov.in/hcservices/ THS/10/04/2019