B.Paal Murugan v. M.Vadivel

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 08.07.2024

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Contempt Petition(MD).No.263 of 2024 in B.Paal Murugan : Petitioner / Petitioner Vs.

M.Vadivel, Thasildar, Sivakasi, Virudunagar District.

: Contemnor/5th Respondent PRAYER: Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, to punish the contemnor/5th respondent herein for his disobedience of non-compliance of the order of this Court in W.P(MD) No.17703 of 2021, dated 08.12.2023.

For Petitioner : Mr.S.Govindan For Respondent : Mr.V.Om Prakash, Government Advocate (Civil Side)

ORDER

The above petition has been filed, invoking Section 11 of Contempt of Courts Act, 1971, seeking orders to punish the contemnor/5th respondent 1/4

herein for his disobedience of non-compliance of the order of this Court in W.P(MD)No.17703 of 2021, dated 08.12.2023.

2. It is seen from the records that the petitioner has filed a petition seeking a writ of mandamus, directing the respondents to issue patta relating to the ancestral property to an extent of 82 cents and this Court taking note of the facts and circumstances and the submissions made by the learned counsel on either side, without entering into the merits of the case, directing the petitioner to give fresh representation to the fifth respondent and the fifth respondent after receipt of the same, shall deal with the representation and pass orders within a period of four weeks from the date of receipt of the representation from the petitioner.

3.The learned Government Advocate (Civil Side) appearing for the respondent would submit that in pursuance of the order of this Court, the second respondent has passed an order, dated 29.01.2024, taking a stand that they are not in a position to change the patta. 2/4

4. As rightly contended by the learned Government Advocate (Civil Side), since this Court has directed the respondent to consider the petitioner's representation and pass orders, they have complied with the order of this Court. Hence, nothing survives for further adjudication in this contempt petition.

5. The learned counsel for the petitioner would submit that they have not considered the judgment passed by the competent civil Court.

6. Since the second respondent has already passed an order in pursuance of the directions of this Court, the petitioner can very well challenge the order, dated 29.01.2024 in the manner known to law.

7. In view of the above, the Contempt Petition is closed. 08.07.2024 NCC :Yes/No Index : Yes/No Internet : Yes/No das 3/4

K.MURALI SHANKAR, J.

das Contempt Petition(MD).No.263 of 2024 in 08.07.2024 4/4