Court dismissed a contempt petition filed by Maamallan Tha.Kanagamuthu against Mr. Rishap, noting that the 2021 writ order in WP(MD)No.6048 of 2021 was duly complied with. The petitioner did not appear to oppose the respondent's submission, leading to the closure of the petition without costs.
No costs were awarded; contempt petition 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.[MD]No.189 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
Cont.P.[MD]No.189 of 2022
Maamallan Tha.Kanagamuthu ... Petitioner/Petitioner
/Vs./
Mr.Rishap, I.A.S., Sub Collector and Sub Divisional Magistrate, Periyakulam Sub Division, Thamaraikulam, Theni District.
... Contemnor/3rd Respondent
PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, to issue contempt notice to the contemnor for his willful disobedience in the order granted by this Court in WP(MD) No.6048 of 2021 dated 03.09.2021 and punish him under Sections 11 and 12 of the Contempt of Courts Act, 1971.
Prayer in WP(MD). 6048 OF 2021 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 3rd respondent to cancel the patta and revoke section 145 of Cr.P.c.Proceedings in M.C.260/2020/A4 dated 13/11/2020 in light of order passed by 2nd respondent in Na.Ka.No.14901/2020/D4 dated 08/12/2020 consequently direct the 3rd and 4th respondents to restore the earlier patta No.658,659,668 bearing in survey No. 145,146,157,158 and 159 and which is the total Extend as 21 Acres 78 Cents and which is situated at Seelayampatti Village, Theni Taluk, Theni District in the name of Ka.Pusari Kudumban and Ka.Kandhak Kudumban and direct respondents to evict the illegal encroachers in the said land within the time limit that may be stipulated by this Honble Court.
For Petitioner : No appearance For Respondent : Mr.M.Lingadurai Special Government Pleader
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Cont.P.[MD]No.189 of 2022
ORDER
There is no representation on the side of the petitioner once again. On the last hearing date, ie., 04.04.2022, the learned Special Government Pleader appearing for the respondent submitted before this Court that the order dated 03.09.2021 passed by this Court in WP(MD)No.6048 of 2021, has been duly complied with and he has also produced the copy of the order dated 11.01.2022 passed by the respondent.
2. Since there is no representation on the side of the petitioner, the submission made by the learned Special Government Pleader has to be necessarily accepted. Accordingly, the order dated 03.09.2021 passed by this Court in WP(MD)No.6048 of 2021, has been duly complied with and hence, this Contempt Petition is closed. No costs.
Assistant Registrar (P&A)
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
sm
To
Mr.Rishap, I.A.S., Sub Collector and Sub Divisional Magistrate, Periyakulam Sub Division, Thamaraikulam, Theni District.
order made in Cont.P.[MD]No.189 of 2022 Dated: 06.04.2022
SB(CO) GC(25.04.2022) 2P 2C
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3 issues framed by the court
Whether the impugned order in Cont.P.[MD]No.189 of 2022 should be allowed given the submission that the underlying writ order has been complied with.
Whether the petitioner appeared to oppose the respondent's submission regarding compliance with the earlier order.
Whether to impose costs against the respondent for the dismissal of the contempt petition.
2 provisions across 1 enactments
Maamallan Tha.Kanagamuthu
Mr. Rishap, I.A.S., Sub Collector and Sub Divisional Magistrate
Abdul Quddose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
