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Madras High CourtCONT P(MD)/731/2023dismissed

Tulsidas K. Patel v. Selvaganesh

2023-06-30Honourable Mr Justice Abdul Quddhose4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Tulasidas.K.Patel ... Petitioner /Vs./ 1.Mr.Selvaganesh, The Tahsildar, Thiruverumbur Taluk, Thiruverumbur, Tiruchirappalli.

2.Mr.Vignesh, The Zonal Tahsildar, Thiruverumbur Taluk Office, Tiruchirappalli.

3.Mrs.Valarmathi, Village Administrative Officer, Elanthaipatti Village, Thiruverumbur Taluk, Tiruchirappalli.

... Contemnors P RAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the contemnors / respondent and punish them for the willful disobedience of the order of 1/4

this Court in W.M.P.(MD)No.4359 of 2022 in W.P.(MD)No.5354 of 2022, dated 25.03.2022.

For Petitioner : Mr.R.Gandhi, Senior Counsel for M/s.Gandhi Associates For Contemnors : Mrs.S.Jeyapriya, Government Advocate

ORDER

This contempt petition has been filed for the alleged disobedience of the order dated 25.03.2022 passed in W.P.(MD)No.5354 of 2022. The said order restrained the respondents from transferring the patta for the subject property in favour of any third party.

2. However, a counter affidavit has been filed by the first respondent / contemnor in this contempt petition stating that the patta was transferred even prior to passing of the order dated 25.03.2022 passed in W.P.(MD)No.5354 of 2022. The patta was transferred as early as on 19.03.2022 itself.

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3. The learned counsel appearing for the petitioner on instructions would now submit that the statement made by the first respondent / contemnor is true.

4. Therefore, since patta was transferred in the name of a third party even prior to passing of the order dated 25.03.2022 in W.P. (MD)No.5354 of 2022, which is the subject matter of this contempt petition, no contempt has been made out by the petitioner against the respondents. Accordingly, this Contempt Petition is dismissed. 30.06.2023 Index : Yes / No NCC : Yes / No Sm 3/4

ABDUL QUDDHOSE, J.

sm TO:

1.Mr.Selvaganesh, The Tahsildar, Thiruverumbur Taluk, Thiruverumbur, Tiruchirappalli.

2.Mr.Vignesh, The Zonal Tahsildar, Thiruverumbur Taluk Office, Tiruchirappalli.

3.Mrs.Valarmathi, Village Administrative Officer, Elanthaipatti Village, Thiruverumbur Taluk, Tiruchirappalli.

Order made in Dated:

30.06.2023 4/4