Madras High CourtCONT P(MD)/110/2020disposed of

S.M. Balu v. Kannagi

2020-02-26Honourable Mr Justice G.R.Swaminathan2 pages

1 CONT P(MD) No.110 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P(MD)No.110 Of 2020 S.M.Balu ... Petitioner/Petitioner Vs.

1. Ms.Kannagi Revenue Divisional Officer, Melur(E), Y.Othakadai, Madurai District.

2. Thiru. Pankaj Kumar Bansal,I.A.S., Commissioner of Land Administration, Land Administration Department, Chepauk, Chennai.

(R-2 is suo motu impleaded vide order dated 26.02.2020 ... Contemnors/Respondents Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent/Contemnor for his willful and deliberate disobedience of the order of this court passed in W.P.(MD) No.9527 of 2019 dated 22.04.2019. Prayer in WP(MD). 9527/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus to direct the 1st respondent to issue separate patta for the land comprised in Old.S.No.433/1, UDR New Survey No.927/20 situated at Avaniapuram village, Madurai South Taluk, Madurai District in the name of the petitioner by completing the proceedings i.e, O.Mu.No.104/2015/C dated 13/03/2015.

For Petitioner : Mr.M.Palanivel Rajan For Respondents : Mrs.S.Srimathy, Special Government Pleader.

O R D E R

Thiru.Pankaj Kumar Bansal, Commissioner of Land Administration, Land Administration Department, Chepauk, Chennai, is suo motu impleaded as the second respondent in this contempt petition.

https://hcservices.ecourts.gov.in/hcservices/

2 CONT P(MD) No.110 of 2020

2. The petitioner filed W.P.(MD)No.9527 of 2019 for issuance of separate patta for the petition mentioned land.

3. The Revenue Divisional Officer, Madurai, was directed by this Court to dispose of his application. However, the said direction has not been complied with. Hence, this contempt petition has been filed.

4. When the matter was taken up for hearing, the learned Special Government Pleader submitted that in view of the value of the land in question itself, only the Commissioner of Land Administration is competent to pass orders. Since the Revenue Divisional Officer is not a party to the contempt proceedings, the learned Special Government Pleader would state that the Revenue Divisional Officer shall send the proposals to the District Revenue Officer who in turn shall forward the same to the Commissioner of Land Administration, Madurai, within a period of one week from the date of receipt of a copy of this order. The Commissioner of Land Administration is directed to pass orders within a period of eight weeks, thereafter.

5. With these directions to the District Revenue Officer as well as the Commissioner of Land Administration, the Contempt petition stands disposed of.

Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) To:

The Revenue Divisional Officer, Melur(E), Y.Othakadai, Madurai District.

+1 CC to M/s.Special Government Pleader ( SR-8901[F] dated 27/02/2020 ) +1 CC to M/s.M.PALANIVEL RAJAN, Advocate ( SR-8586[F] dated 26/02/2020 ) Cont.P.(MD)No.110 of 2020 26.02.2020 pmu SDS (01.07.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/