Mohammed Ali Hussain.N v. Subbulakshmi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH in W.P(MD)No.11028 of 2021 N.Mohammed Ali Hussain : Petitioner Vs Subbulakshmi, The Joint Sub-Registrar No.2, Cheranmahadevi, Tirunelveli : Respondent PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, to punish the contemnors/respondent under the Contempt of Court Act for willful disobedience of order of this Court passed in W.P. (MD).No.11028 of 2021 dated 05.07.2021.

For Petitioner : Mr.P.P.Alwin Balan For Respondent : Mr.K.S.Selvaganesan Additional Government Pleader

O R D E R

This Contempt petition has been filed on the ground that the direction issued by this Court, while disposing of the writ petition, by order dated 05.07.2021 to the respondent/contemnor, has not been complied with.

2.When the writ petition was disposed of by this Court a direction was issued to the Joint Sub Registrar, No.II, Cheramahadevi to register the document, if it is otherwise in order and if the necessary stamp duty and registration fees are paid. The grievance of the petitioner is that in spite of the direction issued by this Court, the document was not registered.

3.The learned Additional Government Pleader appearing on behalf of the respondents submitted that when the document was refused to be registered by the respondent, the document was returned back and it was never represented. To substantiate this submission, the learned Additional Government Pleader produced the relevant records, which shows that the documents were returned back to the petitioners after the respondent refused to register the same.

4. In the considered view of this Court, this Court does not want to get into the issue as to whether the document was refused or the document was returned back to the petitioner and this Court has to go by the records that have been produced before this Court.

5. In view of the same, it is left open to the petitioner to present the document for registration before the respondent and the respondent, on receipt of the same, shall comply with the directions issued by this Court, while disposing of the writ petition, by an order dated 05.07.2021. This contempt petition is disposed of with the above direction. It is made clear that the respondent will not put against the petitioner the subsequent amendment that has been made to the Rules in the year 2022 and make the order passed by this Court otiose. 03.11.2022 Index:Yes/No Internet:Yes/No RR To The Joint Sub-Registrar No.2, Cheranmahadevi, Tirunelveli

N.ANAND VENKATESH , J.

RR ORDER MADE IN 03.11.2022