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Madras High CourtCONT P(MD)/579/2020closed

Jeyamary v. The Tahsildar

2021-10-25Honourable Mr Justice S.S. Sundar2 pages

CONT.P(MD)No.579 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.10.2021

CORAM

THE HONOURABLE MR. JUSTICE S.S.SUNDAR CONT.P(MD)No.579 of 2020 1.Jeyamary 2.Sekari @ Lourdhu Mary ... Petitioners/Petitioners Vs.

P.Chandran Tahsildar, Kodaikanal Taluk, Dindigul District.

... Contemnor/3rd Respondent Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act to call upon the contemnor/third respondent for his wilful disobedience of the order passed by this Court in WP(MD) No.26070 of 2019 dated 30.01.2020 and punish the contemnor/third respondent in accordance with law.

Prayer in WP(MD). 26070/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Directing the respondents more particularly the 3rd respondent to issue patta for Survey No.1419/1A for an extent of 0.27.0 Hectares situated at Villpatti Village, Kodaikanal Taluk, Dindigul Dist in the name of the 1st petitioner and to issue patta for Survey No.1419/1B for an extent of 0.27.0 Hectares situated at Villpatti Village, Kodaikanal Taluk, Dindigul District in the name of the 2nd petitioner on the basis of the decree made in O.S.No.308/2012 by the Sub Court, Palani dated 29.2.2016 in pursuance of our application dated 20.7.2016 and by considering the representation dated 19.9.2019. For Petitioners : Mr.D.Venkatesh For Respondents : Mr.A.K.Manikkam, Government Advocate

ORDER

This Contempt Petition is filed to punish the respondent for his wilful disobedience of the order passed by this Court in WP(MD) No.26070 of 2019 dated 30.01.2020.

2. On earlier occasion, the learned Government Advocate produced before this Court the proceedings of the Tahsildhar, Kodaikanal dated 02.09.2021. However, the proceedings of the Tahsildhar was not in consonance with the direction of this Court in WP(MD)No.26070 of 2019 dated 30.01.2020.

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CONT.P(MD)No.579 of 2020

3. Toady, the learned Government Advocate produced the proceedings of the Tahsildhar, Kodaikanal dated 01.10.2021 cancelling the previous proceedings dated 02.09.2021. Since, the previous order of the Tahsildhar has been cancelled and the same Tahsildhar has passed an order dated 01.10.2021, this Court wants to take a lenient view. However, it was stated that computer patta is still not issued to the petitioners. Today, the learned Government Advocate has produced before this Court the patta standing in the name of the petitioners in respect of the properties in S.Nos.1419/1A and 1419/1B. Since the revenue records were mutated in the name of the petitioners in accordance with the direction of this Court, this Court is of the view that the order of this Court has been complied with in letter and spirit atleast after issuance of notice in Contempt Petition.

4. Hence, recording compliance this Contempt Petition is closed. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mbi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To:

The Tahsildar, Kodaikanal Taluk, Dindigul District.

+1 CC to M/s.SPL.GP ( SR-32862[F] dated 27/10/2021 ) CONT.P(MD)No.579 of 2020 25.10.2021 RD/JGB (18.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2