This contempt petition against the Tahsildar for willful disobedience of a court order was dismissed by the High Court of Madras. The Court found no case for disobedience because a title suit was pending regarding the property, and the Tribunal's encroachment finding was conditioned on the suit's outcome.
Contempt Petition No.983 of 2015 dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.01.2017
CORAM :
The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE
AND
The Hon'ble MR.JUSTICE M.SUNDAR
Contempt Petition No.983 of 2015 K.R.Ramaswamy @ Traffic Ramaswamy .. Petitioner -vsMrs.Chitra, The Tahsildar, Taluk Office, Trivellore. .. Respondent Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for willful disobedience of the order passed by this Court in W.P.No.22717 of 2013, dated 10.04.2014. For Petitioner : Dr.C.S.Nandakumar For Respondent : Mr.M.K.Subramanian Government Pleader * * * * * O R D E R
(Order of the Court was made by The Hon'ble Chief Justice)
On hearing the learned counsel for parties, we find https://hcservices.ecourts.gov.in/hcservices/ that no case has been made out for wilfull disobedience of
the order of this Court, as in the review application filed
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by the affected parties, the High Court itself has taken note of the fact that there is a title suit pending in respect of the property in question and thus though the proceedings of the Tahsildar have found that there is an encroachment, the same has been made subject to the result of the suit claiming right, title and patta for the land in
question.
SMI/CO/08/02/2017
To
The Tahsildar, Taluk Office, Trivellore.
One CC to Mr.M.Muruganandam, Advocate, SR.1269/2017.
3 issues framed by the court
Whether there is a case made out for wilful disobedience of the order passed by the High Court in W.P.No.22717 of 2013.
Whether the existence of a pending title suit affects the finding of encroachment in the Tahsildar's proceedings.
Whether the contempt petition deserves dismissal or punishment.
1 provisions across 1 enactments
K.R.Ramaswamy @ Traffic Ramaswamy
Mrs.Chitra
The Tahsildar, Taluk Office, Trivellore
SANJAY KISHAN KAUL
M.SUNDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
