This contempt petition regarding willful disobedience of an interim order in a patta mutation matter was closed. The Court found that the mistake was committed by respondents but rectified before the matter was taken up, so no further proceedings were required.
The contempt petition is closed.
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.
Cont.P.No.2592 of 2014
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2021
CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
Cont.P.No.2592 of 2014
B.Kasthuri, No.1, Parthasarathi Nagar, 3rd Street, Adampakkam,
Chennai - 88
... Petitioner
-Vs-
Chennai - 600 016.
... Respondents
Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondents for the act of willful disobedience in implementing the order made in M.P.No.2 of 2013 in W.P.No.28274 of 2013, dated 22.10.2013.
For Petitioner : Mr.B.Vijay
For Respondents : Mr.M.Elumalai Additional Government Pleader
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Cont.P.No.2592 of 2014
O R D E R
This contempt petition has been filed for the alleged disobedience of the orders of
this Court made in M.P.No.2 of 2013 in W.P.No.28274 of 2013, dated 22.10.2013.
2. During last occasion, when this contempt petition came up for hearing on
21.04.2021, this Court passed the following order :
"Mr.M.Elumalai, learned Additional Government Pleader, on perusal of the records and pursuant to the orders passed on 16.04.2021, has submitted that, the mutation infact has been effected by the official concerned only on 25.05.2014, i.e., after the interim order passed by this Court. Therefore, in order to rectify the same and to produce the rectified document before this Court, he seeks one week's accommodation.
Hence, post this matter on 28.04.2021."
3. Pursuant to the same, when the case is taken up for hearing today, Mr.M.Elumalai, learned Additional Government Pleader appearing for the respondents has produced a copy of the proceedings issued by the Settlement Tahsildar, Land Acquisition, dated 27.04.2021, which reads thus :
"ghh ; it 3y ; fzl khz ; ; gik brd ; id cah ; ejpkd P w jilapid ; W.P.No.28274/2013d ; https://hcservices.ecourts.gov.in/hcservices/ nghpy ; jhk ; guk ; tUtha ; nfhl ; l mYtyh ;
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Cont.P.No.2592 of 2014
mthfspd ; bray ; Kiw Miz e/f/vz/1401/2013/m kwWk ; jdptl ; lhl ; rpah ; efuepythpjjpl ; ; lk ; Mye ; J}h ; mthfspd ; ; mwpf ; if cjjput ; [ ehs ; 06/08/2013 Mfpatw ; wpd ; K : yk ; gpwg ; gpf ; fg ; gl ; l kwWk ; chpik khww ; eltof ; iffs epWjjg ; ; gl ; L Keja ; epy chpikahshfsis ; jpU/mu'fehjd ; (nyl) ; kidtp jpUkjp/m/f! ; J}hp kwWk ; ; jpU/mu'fehjd ; (nyl) ; kfdfs ; ; jpU/m/bre ; jpy ; Fkhh ; . jpU/m/cjaFkhh ; . jpU/m/yl ; Rkpfhejd ; ; kwWk ; ; jpU/m/ghyh$p Mfpa Ith ; bgahpy ; giHa epiyf ; nf itffg ; ; gLfpwJ vd ; gjid gzpt [ ld ; bjhptpj ; Jf ; bfhsfpnwd ; ; /"
4. By relying upon the same, the learned AGP would submit that, patta also has been changed, i.e., rectification has been made by restoring the position in the patta, before the interim order passed by this Court as referred to above.
5. A copy of the same also having been served on the other side, who on receipt
of the same, on perusal of the said proceedings, also would submit that, the orders of this Court, though belatedly, has been complied with, since it has been complied with, the contempt proceedings, by recording the same, may be closed, he contended.
6. I have considered the said submissions made by the learned counsel appearing for both sides and in view of the aforesaid, where the orders of this Court has not been
https://hcservices.ecourts.gov.in/hcservices/ wilfully disobeyed and the mistake committed in this regard by the respondents since
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Cont.P.No.2592 of 2014
also has been rectified by the present proceedings, dated 27.04.2021, recording the
same, this Court feels that, no further proceedings can be initiated or persuaded in this
contempt petition and accordingly, this contempt petition can be closed.
7. In view of the above, this Contempt Petition is closed.
SD/-
tsvn
ASSISTANT REGISTRAR(COMM.CASES) //Certified to be true copy//
Dated at Madras this the day of 2021.
COURT OFFICER(O.S.) from 25 th day of September 2008 the Registry is issuing Certified copies of the
Orders/Judgments/Decrees in this format.
GS/06/07/2021
To
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1 issue framed by the court
Whether to close contempt proceedings after services rectify a belated compliance of an interim order regarding patta mutation.
B. Kasthuri
Sivakumar
Thanigaivel Murugan
R. Suresh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
