Madras High Court
S.Suhasini vs Simranjeet Singh Kahion on 3 August, 2022
CONT.P.(MD)No.1125 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :03.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
CONT.P.(MD)No.1125 of 2022
In
W.P.(MD).No.2795 of 2022
S.Suhasini ...Petitioner/--
.Vs.
Simranjeet Singh Kahion,
Commissioner of Corporation,
Madurai Corporation Office,
Madurai District. ...Contemnor/Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of
Courts Act, praying this Court to punish the respondent herein for
committing grave contempt and gross disobedience of the order passed
by this Court in W.P.(MD).No.2795 of 2022 dated 11.02.2022.
For Petitioner : Mr.Chamundi Bose
For Respondent : Mr.S.Vinayak,
Standing Counsel.
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CONT.P.(MD)No.1125 of 2022
ORDER
Alleging wilful disobedience of the order passed by this Court in
W.P.(MD).No.2795 of 2022, this Contempt Petition has been filed.
2. The learned Counsel appearing for the petitioner submitted that
this Court, by order dated 11.02.2022, in W.P.(MD).No.2795 of 2022,
directed the respondent, namely, the Commissioner of Corporation,
Madurai to consider the petitioner's representations, dated 10.11.2008,
18.12.2019 and 21.01.2022 and pass appropriate orders on merits within
a period of eight (8) weeks and further directed to issue notice to the
concerned parties who are likely to be affected by the orders to be passed
by the respondent.
3. The contention of the petitioner is that the properties situated in
Door No.78 in T.S.No.1207 in Ward No.34 measuring to an extent of
7800 square feet in Petchiamman Paduthurai Road, Madurai was an
ancestral property. The petitioner's grand-father namely, Venkatasamy
Naidu was in possession and enjoyment of the property. Apart from this,
there was also some vacant place in the property. The petitioner's grand-
mother, Saraswathiammal, petitioner's uncle, Gopichandaran and
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CONT.P.(MD)No.1125 of 2022
petitioner's father, Suresh Mohan were the legal heirs of the above
mentioned property. After the demise of the petitioner's grand-father and
grand-mother, the petitioner's uncle managed the property and he also
died on 28.08.1993. Thereafter, the petitioner's father being the only
legal heirs of the family, filed a Writ Petition in W.P.(MD).No.2759 of
2022. The petitioner's grand-father leased out some portion of vacant
site on the western portion of the property to various persons. They paid
rent to the petitioner's grand-father. The southern part of the property
measuring 90x10 was leased out to one Pitchai for the purpose of
tethering cattle. Without the consent of the petitioner's family, the said
Pitchai illegally put up a thatched structure and had also transferred the
Tax Assessment Order in his name bearing Tax Assessment No.59631 for
Door No.78. The petitioner's father came to know about the same, filed a
declaration suit and sought for Mandatory Injunction challenging the Tax
Assessment order before the learned District Munsif Court, Madurai in
O.S.No.601 of 2003 in contrary the Pitchai had filed a suit for Permanent
Injunction before the learned District Munsif Court, Madurai in O.S.No.
725 of 2003. Both the suits were heard together and common judgment
was passed on 31.08.2005. The judgment set aside the tax assessment
order and declared the Tax Assessment No.59631 as null and void.
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CONT.P.(MD)No.1125 of 2022
Thereafter, the petitioner's father had taken steps to remove the super-
structure. Since no action was taken, the petitioner's father filed W.P.
(MD).No.2795 of 2022 to remove the super-structure bearing Tax
Assessment No.59631 in the name of Pitchai. Thereafter, the petitioner's
father received a letter bearing Na.Ka.No.B3/00237/2022 dated
25.04.2022 from the office of the Assistant Commissioner Madurai
Corporation, directing them to produce the relevant documents. In the
meanwhile, the petitioner's father passed away on 08.04.2022. As a legal
heir, the petitioner submitted the documents dating from 1950 to till date
including the tax receipts and other documents. Since no action has been
taken, a Contempt Notice was issued on 19.05.2022 followed by the
above petition.
4. The learned counsel appearing for the respondent submitted that
the petitioner as well as the legal heir of Pitchai, namely, Bommiyammal
were called for enquiry to produce all the relevant documents on
14.07.2022. The petitioner had produced six documents including Court
orders. Likewise, Bommiyammal had produced five documents. From
the documents submitted, the Enquiry Officer, viz., the Assistant
Commissioner Corporation, Chennai, found that Appeal Suit No.249 of
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CONT.P.(MD)No.1125 of 2022
2005 and Appeal Suit No.250 of 2005 were allowed in favour of the said
Pitchai. Further, it is seen that with regard to the said property and tax
assessment order, R.L.T.O.P.No.62 of 2022 is pending before the District
Munsif Court, Madurai.
5. I have considered the matter in the light of the submissions
made by learned counsel for both the parties and perused the records.
6. Perusal of the records reveals that the Court proceedings are
pending with regard to the said property. Enquiry report was filed and
produced before this Court. It is seen that the enquiry was closed on
28.07.2022, directing the petitioner and the rival claimant, legal heir of
Pitchai, Bommiyammal to approach the concerned Court and obtain
orders. Based on the Civil Court orders, necessary
amendments/corrections should be made in the property Assessment Tax
receipt.
7. Considering the submissions and perusal of the enquiry report, it
is seen that the respondents have conducted enquiry, heard the petitioner
as well as the legal heir of Pitchai, Bommiyammal, received documents
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CONT.P.(MD)No.1125 of 2022
and thereafter passed orders in e.f.vz;.k3B3/00237/2002 dated
28.07.2002. In view of the same, this Court finds that order of this Court
in W.P.(MD).No.2795 of 2022 has been complied with.
8. Recording the same, this Contempt Petition is dismissed not
maintainable.
28.07.2022
Index:Yes/No
Internet:Yes/No
Nsr
To
The Commissioner of Corporation,
Madurai Corporation Office,
Madurai District.
https://www.mhc.tn.gov.in/judis
CONT.P.(MD)No.1125 of 2022
M.NIRMAL KUMAR, J.
Nsr
CONT.P.(MD)No.1125 of 2022
In
W.P.(MD).No.2795 of 2022
28.07.2022
https://www.mhc.tn.gov.in/judis
