Madras High CourtCONT P(MD)/1282/2021closed

M.Balachandran v. Kannapiran

2021-09-24Honourable Mr Justice D. Krishnakumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR in W.P.(MD) No.13753 of 2021 M.Balachandran ... Petitioner -vs1.Kannapiran The Additional Director Survey and Settlement Officer Chennai 2.Ponnaazhalagu The Assistant Director of Survey Tamil Nadu Land and Records Department Virudhunagar, Virudhunagar District ... Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act to initiate contempt proceedings against the contemnors / respondents 1 and 2 for their willful disobedience and wilful violation of the order passed by this Court in W.P.(MD) No.13753 of 2021, dated 13.08.2021 and punish them for the contempt committed by them.

Prayer in WP(MD). 13753/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-3, To issue a writ of certiorarified Mandamus or any other writ, order or direction in the nature of writ call for the records of the impugned order passed by the 1st Respondent in Na.Ka.No.K3/17719/2020 (Ne.Aa) dt. 27.07.2021 and quash the same and consequently direct the 1st respondent to consider the petitioners mutual transfer representation dt. 12.07.2021 and pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances of this case and thus render justice.

For Petitioner :

Mr.D.Pandiarajan For Respondents :

Mr.A.K.Manikkam Government Counsel

O R D E R

This contempt petitions has been filed alleging wilful disobedience of the orders, dated 13.08.2021, made in W.P.(MD) No.13753 of 2021.

2. When the matter is taken up for hearing, the learned Government Counsel appearing for the respondents submitted that the order dated 13.08.2021 is an interim order and this Court by order dated 21.09.2021 has vacated the interim order and posted the main writ petition for final disposal.

3. On perusal of the records, it is seen that the order dated 13.08.2021 in W.P.(MD) No.13753 of 2021 alleged to have not been complied with by the respondents is an order of interim stay for a period of two weeks and it has not been extended thereafter and this Court, by order dated 21.09.2021 has also vacated the said order of interim stay and posted the writ petition on 05.10.2021 for final disposal.

4. In such circumstances, this contempt petition is closed and the petitioner can putforth his arguments on merits in the main writ petition.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) krk 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:

1.The Additional Director, Survey and Settlement Officer, Chennai.

2.The Assistant Director of Survey, Tamil Nadu Land and Records Department, Virudhunagar, Virudhunagar District.

+1 CC to M/s.SPL.GP ( SR-30307[F] dated 27/09/2021 ) in W.P.(MD) No.13753 of 2021 24.09.2021 RD(5.10.2021) 3P 4C