M.K.Ameem Ahamed v. K.Ramanathan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2025

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY Cont.P (MD) No.1056 of 2025 in W.P.(MD)No.29994 of 2024 M.K.Ammem Ahemed ... Petitioner / Petitioner Vs.

1.K.Ramanathan The Sub Register, No.2, Join Sub Registrar Office, Vandikara Street, Ramanthapuram, Ramanathapuram District.

... Contemnor / 2nd Respondent

2. H.Nasar Hakkiam (R2 (petitioner / proposed party) impleaded as per Court order dated 02.06.2025 in Sub.A(MD)No.203 of 2025 in Cont.P(MD)No.1056/2025) ... Petitioner / Proposed Party PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, to punish the contemnor / 2nd respondent for the deliberate and willful disobedience of the dated 11.12.2024 passed by this Court in W.P.(MD)No. 1/4

29994 of 2024.

For Petitioner : Mr.B.Mahendrarajan For R-1 : Mr.D.Sasi Kumar For R-2 : Mr.J.Barathan

O R D E R

The present Contempt Petition has been filed alleging disobedience of the order passed in W.P.(MD)No.29994 of 2024 dated 11.12.2024.

2. The contention of the petitioner is that the order was passed on 11.12.2024. Subsequently, the respondents have not issued any notice to conduct an enquiry.

3. On perusal of the order dated 10.02.2025, it is seen that the notice was issued prior to the writ order i.e., on 04.12.2024. Therefore, the entire enquiry conducted by the official respondent is not in accordance to the order passed by this Court. Therefore, the said order is set aside. The official respondent is directed to issue fresh notice to the petitioner as well 2/4

as to one Mohamed Sithik. Thereafter, conduct an enquiry by giving appropriate opportunity to both parties and pass appropriated orders in accordance with law, within a period of two (2) weeks from the date of receipt of a copy of this order.

4. It is seen that Mohamed Sithik is arrayed as the first defendant in the suit in O.S.No.71 of 2023 on the file of the Additional District Judge, Ramanathapuram. However, the petitioner is not able to get any interim protection. Pending suit, the said Mohamed Sithik is encumbering the property by selling it. Therefore, the Additional District Judge, Ramanathapuram, is directed to dispose of I.A.No.203 of 2023, within a period of six (6) months from the date of receipt of a copy of this order.

5. Accordingly, this Contempt Petition is closed. 13.06.2025 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr 3/4

S.SRIMATHY , J.

jbr Cont.P (MD) No.1056 of 2025 in W.P.(MD)No.29994 of 2024 13.06.2025 4/4