Kailasa Nadar v. Murugan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Cont.P(MD)No.417 of 2023 in W.P(MD)No.21344 of 2022 Mr.Kailasa Nadar ... Petitioner/Petitioner Vs.

Mr.Murugan Sub-Registrar, Radhapuram Sub-Registrar Office, Radhapuram-627 111 Tirunelveli District.

...Contemnor/2nd Respondent Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying this Court to initiate contempt proceedings against the contemnor/Respondent and punish him for the wilful disobedience of the order of this Court in W.P(MD)No.21344 of 2022, dated 07.09.2022. For Petitioner : Mr.B.Char Murugan For Respondent : Mr.M.Prakash Additional Government Pleader 1/4

ORDER

The Writ Petition in W.P(MD)No.21344 of 2022 the following order is passed:

"5.From the averments made in the affidavit filed in support of the present writ petition, this Court finds that the petitioner has not given the entire particulars in this case and the prayer is only not to register any other documents in furtherance of the pendency of the suit. Therefore, this Court without going into the merits of the averments made in the representation, directs the respondents to consider the petitioner's representation, dated 11.08.2022 and pass appropriate orders on merits and in accordance with law. If there is no constraint to pass an order as prayed for by the petitioner ie., not to register any other documents, they can do so. If there is no stay in the said suit, pendency of the suit can be incorporated in the relevant registers of the respondents." 2.

It is further informed by the learned Additional Government Pleader that the civil suit in O.S.No.41 of 2016 had been dismissed on 30.01.2017 itself. The learned Additional Government Pleader also produced a copy of the order in Na.Ka.No.356/2022, dated 10.11.2022, wherein it has been stated that the document had also been registered. Even in the order extracted above, it has been stated very specifically by the learned Judge that the petitioner has not come forward with the entire particulars of this case.

been registered, nothing survives for adjudication. 3.The learned counsel appearing for the petitioner is absent. 4.In view of the above, this Contempt Petition is dismissed. 19.06.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No Ns To Mr.Murugan Sub-Registrar, Radhapuram Sub-Registrar Office, Radhapuram-627 111 Tirunelveli District.

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C.V.KARTHIKEYAN, J.

Ns Cont.P(MD)No.417 of 2023 in W.P(MD)No.21344 of 2022 19.06.2023 4/4