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Madras High CourtCONT P(MD)/24/2023closed

G. Selvaraj v. M. Pradeep Kumar

2023-06-21Honourable Mr Justice Abdul Quddhose2 pages

Cont.P.(MD).No.24 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2023

CORAM

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Cont.P.(MD).No.24 of 2023 in W.P.(MD).No.3174 of 2022 G.Selvaraj ... Petitioner/Petitioner Vs.

1.M.Pradeep Kumar, The District Collector, Trichy District, Trichy.

2.J.Jerald, The Commissioner, Anthanallur Panchayat Union, Srirangam Taluk, Trichy District.

... Contemnors/2nd and 7th Respondents PRAYER: Contempt Petition filed under under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnors/respondents 2 and 7 for their willful disobedience of the order passed by the Hon'ble Court made in W.P.(MD).No.3174 of 2022, dated 18.02.2022. Prayer in WP(MD). 3174/ 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, for issuance of Writ of MANDAMUS to direct the respondent Nos.1 to 8 herein to lay thar road to the petitioners house plot situated in S.F.No.106/5A at Kambarasampettai Village, Trichy Joint No. 3 Sub Register Office, Trichy Town, Trichy District by taking appropriate legal steps on the basis of the representations given by the petitioner dated 11.11.2021 and 22.01.2022. For Petitioner : Mr.S.Gokul Raj For Respondents : Mrs.S.Jeyapriya Government Advocate

ORDER

This Court by its order dated 18.02.2022 passed in W.P.(MD). No.3174 of 2022 directed the respondents to file an application seeking to set aside the ex parte decree dated 26.10.2016 in O.S.No.925 of 2015 on the file of the Principal District Munsif Court, Trichy within a period of three (3) months from the date of receipt of a copy of the said order.

https://www.mhc.tn.gov.in/judis 1/2

Cont.P.(MD).No.24 of 2023

2. On the last hearing date, the learned Government Advocate appearing for the respondents had submitted that since there was no Presiding Officer for that particular Court, the application filed by the respondents to set aside the ex parte decree could not be numbered.

3. Today, the learned Government Advocate appearing for the respondents, on instructions, would submit that the application to set aside the ex parte decree filed by the respondents has been numbered as I.A.Nos.1 and 2 of 2023 on 20.06.2023.

4. Since the order has been duly complied with, nothing survives for further adjudication in this Contempt Petition. Accordingly, this Contempt Petition is closed. However, since the interlocutory applications seeking to set aside the ex parte decree have been numbered only recently, even though the order was passed in the Writ Petition as early as on 18.02.2022 itself, a direction is issued to the Principal District Munsif Court, Trichy to dispose of I.A.Nos.1 and 2 of 2023 in O.S.No.925 of 2015 as expeditiously as possible.

Sd/- Assistant Registrar(AD II) // True Copy // /07/2023 Sub Assistant Registrar(CS) Lm To 1.The Principal District Munsif, Trichy.

2.The District Collector, Trichy District,Trichy.

3.The Commissioner, Anthanallur Panchayat Union, Srirangam Taluk,Trichy District.

+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-29570[F] dated 21/06/2023 ) Cont.P.(MD).No.24 of 2023 in W.P.(MD).No.3174 of 2022 21.06.2023 MK/11.07.2023 2P 5C https://www.mhc.tn.gov.in/judis 2/2