Madras High Court
Mr.P.John Ilango vs Thiru.S.Rajinikumar on 5 March, 2021
Cont.P.No.341 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.03.2021
CORAM
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
and
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN
Contempt Petition No.341 of 2020
and
Sub Application No.190 of 2020
in
Writ Appeal No.2761 of 2018
Mr.P.John Ilango .. Petitioner/Appellant
-vs-
Thiru.S.Rajinikumar,
The Tahsildar,
Office of the Tahsildar of Ambattur,
Thiruvallur District,
Ambattur, Chennai-600 053. .. Respondent/5th Respondent
PETITION under Section 11 of the Contempt of Courts Act, 1971 to
punish the respondent for wilful disobedience of the order of this Court
made in W.A.No.2761 of 2018 dated 06.02.2019.
For Petitioner : Mr.T.Mohan
For Respondent : Mr.M.Elumalai,
Government Advocate
1/4
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Cont.P.No.341 of 2020
ORDER
(Order of the Court was made by T.S.Sivagnanam, J.)
We have elaborately heard the learned counsels for the parties. The
Officials are also present in Court.
2.In terms of the directions issued on 18.02.2021, survey has been
conducted and we are informed by the Officials that about 100 police men
were deployed and without any untoward incident, the survey was
conducted.
3.The Tahsildar has field a counter affidavit, which is taken on
record, copies of which have been served by the learned Government
Advocate to the counsel appearing for the petitioner.
4.On a perusal of the averment set out in the counter affidavit, it
appears that there is a factual dispute as to whether there are two approved
plans for the same layout or there is only one approved plan. On one side, it
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Cont.P.No.341 of 2020
is contended that there is only one approved plan in the year 1964, whereas
the other side would contend that there is a revised plan and more than 200
Sale Deeds have been registered based on the revised plan.
5.The Officials state that as per the report of the Chennai
Metropolitan Development Authority (CMDA), there is only one approved
plan. Therefore, we are of the considered view that there is no wilful
disobedience of the judgment and direction issued in W.A.No.2761 of 2018
dated 06.02.2019 for us to initiate contempt proceedings. If at all, the
parties are aggrieved, it is open to them to take appropriate steps before the
appropriate forum to establish their respective rights.
6.With the above observations, this contempt petition stands closed.
No costs. Consequently, Sub Application No.190 of 2020 is also closed.
(T.S.S., J.) (V.B.S., J.)
abr 05.03.2021
https://www.mhc.tn.gov.in/judis/
Cont.P.No.341 of 2020
T.S.Sivagnanam, J.
and
V.Bhavani Subbaroyan, J.
(abr)
To
The Tahsildar,
Office of the Tahsildar,
Ambattur, Thiruvallur District,
Chennai-600 053.
Contempt Petition No.341 of 2020 &
Sub Application No.190 of 2020
in Writ Appeal No.2761 of 2018
05.03.2021
https://www.mhc.tn.gov.in/judis/
