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S.Rathinasabapathy vs Mr.Ganesan

Madras High Court|24 February, 2017

JUDGMENT / ORDER

[Order of the Court was made by A.SELVAM, J.] This Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, praying to punish the respondent since he failed to obey the direction passed in W.P(MD)No.15321 of 2013 by this Court.
2.It is averred in the petition that the petitioner has filed W.P(MD)No.15321 of 2013 on the file of this Court, wherein this Court has directed the respondent to look into the representation alleged to have been given by the petitioner. But the respondent has willfully disobeyed the order passed in W.P(MD)No.15321 of 2013. Under the said circumstances, the present contempt petition has been filed for getting the relief sought therein.
3.The learned counsel appearing for the petitioner has advanced his argument on the basis of the order passed in W.P(MD)No.15321 of 2013.
4.The learned Special Government Pleader appearing for the respondent has contended that in pursuance of the order passed by this Court in W.P(MD)No.15321 of 2013, the representation of the petitioner has been considered and the properties in question have been earlier classified as Anathinam and subsequently some persons have produced title deeds and under the said circumstances the concerned Tahsildar has passed orders.
5.As adverted to earlier, in W.P(MD)No.15321 of 2013, this Court has directed the respondent only to consider the representation of the petitioner and accordingly the same has been considered. Further it is seen from the records that the properties in question have already been classified as Anathinam. Now certain persons are claiming title over the same. Under the said circumstances, the concerned Tahsildar has passed such kind of order.
6.Considering the fact that the order passed in W.P(MD)No.15321 of 2013 has been fulfilled and also considering that there is no willful disobedience on the part of the respondent, this Court is inclined to dismiss the present contempt petition.
7.In fine, this contempt petition is dismissed without costs. However liberty is given to the petitioner to approach Civil Forum to work out his remedy.
To The District Collector, Pudukottai and District.
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Title

S.Rathinasabapathy vs Mr.Ganesan

Court

Madras High Court

JudgmentDate
24 February, 2017