Jawaharran v. D.Padmavathy

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P.(MD)No.19311 of 2022 Jawaharram ... Petitioner / Petitioner / Petitioner Vs.

1.P.Padmavathy ... 1st Respondent / 3rd Respondent / 3rd Respondent 2.K.Latha The Tahsildar, Mylapore Taluk Office, Raja Annamalai Puram, Chennai 600 028.

3.S.Murugadoss The City Revenue Officer (Zone-09), District Revenue Officer, 4.M.Govindaraj Assistant Revenue Officer (Zone-09), 1/6

5.D.Vijayakumar ... Respondents 2 to 5 Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish them suitably for their willful, deliberate and intentional disobedience of the specific direction of this Court passed in W.M.P.(MD)No.14092 of 2022, dated 23.08.2022 respectively in W.P. (MD)No.19311 of 2022.

For Petitioner : Mr.S.Kadarkarai For Respondents : Mr.Y.Prakash for R1 & R5 : Mr.K.Balasubramani Special Government Pleader for R2 to R4

ORDER

Heard both sides.

2. Padmavathy / third respondent in W.P.(MD)No.19311 of 2022 is present before this Court. The question that arose in the writ petition is who is the Class II legal heir of the deceased Rama Jegadheesan. Jawaharram / petitioner in W.P.(MD)No.19311 of 2022 is Rama 2/6

Jegadheesan's brother-in-law. Padmavathy / 3rd respondent in W.P. (MD)No.19311 of 2022 is the sister of the deceased Rama Jegadheesan. The Tahsildar, Vembakottai Taluk issued proceedings dated 28.07.2022 holding that Padmavathy is the Class II Legal heir. It was put to challenge in W.P.(MD)No.19311 of 2022. I granted an order of interim stay. Injunction was also granted restraining the revenue authorities from effecting mutation of the revenue records.

3. While so, Padmavathy had obtained Class II Legal heir certificate from the Tahsildhar, Mylapore. It is true that the Tahsildar, Mylapore is not a party to the writ petition. He does not appear to be aware of passing of the order. The fact remains that Padmavathy had contravened the spirit of the interim order by obtaining Class II Legal Heir certificate from the Tahsildar, Mylapore. The Tahsildar, Mylapore is directed to recall the Class II legal heir issued in favour of Padmavathy. In fact, the learned counsel appearing for the third respondent / Padmavathy informs the Court that Padmavathy will work out her rights in the pending civil suit in O.S.Nos.186 of 2022 and 193 of 2022 on the file of the Principal District Court, Srivilliputhur. Since Padmavathy has 3/6

given her consent for recall of the certificate issued by the Tahsildar, Mylapore, I direct the learned District Judge, Srivilliputhur to dispose of the afore mentioned suits on merits and in accordance with law within a period of six months from the next hearing date. Calling upon Padmavathy / 3rd respondent to abide by the outcome of the civil suit, the contempt petition stands closed.

22.10.2024 Index: Yes/No Internet: Yes/No rmi To 1.The Tahsildar, Mylapore Taluk Office, Raja Annamalai Puram, Chennai 600 028.

2.The City Revenue Officer (Zone-09), District Revenue Officer, 4/6

3.Assistant Revenue Officer (Zone-09), 5/6

G.R.SWAMINATHAN, J.

rmi in W.P.(MD)No.19311 of 2022 22.10.2024 6/6