Madras High CourtCONT P(MD)/1422/2016closed

Ponnaiah, v. Mr.Sirajudeen,

2016-12-02Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Cont.P(MD)No.1422 of 2016 in W.P(MD)No.12518 of 2016 Ponnaiah

...Petitioner/Petitioner

Vs.

Mr.Sirajudeen, The Tahsildar, Taluk Office, Kallupatti, Marungapuri Taluk, Manapparai, Trichy District.

...Contemnor/2nd Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act to punish the respondent herein for his willful disobedience of the order, dated 18.07.2016 passed by this Court in W.P(MD)No.12518 of 2016.

Prayer in WP(MD). 12518/ 2016 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents herein to consider and pass appropriate order on the representations of the petitioners dated 20.06.2016 and 08.07.2016 sent for the purpose of correcting the fathers name of the petitioners as Ponniah in the Patta and Chitta in respect of S.No. 316/4 of an extent of 1 acre 14 cents out of total extent of 2 acre 96 cents (1.20.00 hectares) situated at Ikkaraikosikurichi Village, Kallupatt, Marungapuri Taluk, Trichy District, originally under Manapparai Taluk, Trichy District, within the time stipulated by this court.

For petitioner : Mr.A.Saravanan For Respondent : Mr.V.Muruganandam Additional Government Pleader

ORDER

This Contempt Petition has been filed to punish the respondent herein for his willful disobedience of the order, dated 18.07.2016 passed by this Court in W.P(MD)No.12518 of 2016. 2.According to the petitioner, the patta issued by the Tahsildar in the name of the petitioner's father has been wrongly given. Hence, he made a representation to the authorities. Since no order has been passed, the petitioner has filed a Writ Petition https://hcservices.ecourts.gov.in/hcservices/

in W.P(MD)No.12518 of 2016 and this Court directed the respondent/Tahsildar to consider the petitioner's representation and pass orders on the same. Since no order, has been passed, the present Contempt Petition has been filed.

3.Now, the Tahsildar has passed an order stating that since the petitioner wants to change the name of the father of the petitioner, he has to produce the Death Certificate of the father along with legal heirship certificate. If both the certificates are produced, the respondent is ready to change the name of the father of the petitioner.

4.The Tahsildar/Contemnor is present today and submitted that the petitioner's father has two wives and other legal heirs are also available for the deceased/father of the petitioner and only to ascertain the correctness of the claim, he requested the petitioner to produce the Death Certificate and Legal heirship Certificate.

5.The learned counsel for the petitioner submitted that he will submit the documents before the Tahsildar. 6.In view of the above circumstances, if the petitioner submits the documents before the respondent/Tahsildar, the Tahsildar is directed to change the name of the father of the petitioner, after verifying the documents.

7.With the above direction, this Contempt Petition is closed. Sd/- Deputy Registrar(J) /True Copy/ Sub Assistant Registrar(CS) Madurai Bench of Madras High Court, Madurai-23.

To The Tahsildar, Taluk Office, Kallupatti, Marungapuri Taluk, Manapparai, Trichy District.

+1cc to the Special Government Pleader, in SR.79783 +1cc to Mr.A.Saravanan, Advocate SR.No.79185 Cont.P(MD)No.1422 of 2016 02.12.2016 ps PBK 27/12/2016 ::2P-4C:

https://hcservices.ecourts.gov.in/hcservices/