Palanichamy vs Mr.Senthilkumar
2022 Latest Caselaw 17256 Mad

                                                                           Cont.P.(MD)No.324 of 2021

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 03.11.2022

                                                      CORAM

                      THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN

                                   Contempt Petition(MD)No.324 of 2021
                                                    in
                                        W.P.(MD)No.16887 of 2019

                Palanichamy                               ... Petitioner

                                                        Vs.

                1.Mr.Senthilkumar
                  The Sub-Registrar,
                  Office of the Sub-Registrar,
                  Chinnalapatti,
                  Dindigul District.

                2.Mr.Kumaraguru
                  The Joint Commissioner,
                  Office of the Joint Commissioner,
                  H.R & C.E., Department,
                  Elis Nagar,
                  Madurai-625 016.                        ... Contemnors

                Prayer : Petition filed under Section 11 of the Contempt of Courts Act, to issue
                summons to the Respondents for the willful disobedience of the order and
                judgment, dated 19.02.2020 in W.P(MD)No.16887 of 2019 passed by this Court
                and punish the Respondents under the provisions of the Contempt of Courts
                Act.


                                    For Petitioner       : Mr.S.Loganathan
https://www.mhc.tn.gov.in/judis
                1/4
                                                                                Cont.P.(MD)No.324 of 2021



                                           For R1              : Mr.K.S.Slvaganesan,
                                                                Additional Government Pleader

                                           For R2              : Mr.N.Ramesh Arumugam
                                                                 Government Advocate

                                                           *****

                                                           ORDER

On 02.03.2020 this Court passed the following order:-

“8. Having regard to the fact that the second respondent has not followed the procedure prescribed in law, as directed by the Honourable Division Bench, the impugned order is un-sustainable and accordingly, the impugned order, dated 20.03.2018 passed by the second respondent is quashed. It is open to the second respondent to send a communication about the presentation of document for registration to the fourth respondent. Upon such intimation being given by the registering authority or by the petitioner, the second respondent shall register the document, in case, no objection is received from the fourth respondent. The fourth respondent is directed to produce all the records to show that the property belongs to the temple or endowed for some other purpose. In case, an objection is received from the H.R & C.E., Department the same shall be dealt with by the second respondent, as it was directed by this Court in the case of Sudha Ravi Kumar and another vs. The Special Commissioner and Commissioner, HR &CE Department, Chennai and others, reported in 2017(3) CTC

135.”

https://www.mhc.tn.gov.in/judis

Cont.P.(MD)No.324 of 2021

2.The learned Additional Government Pleader appearing for the first

respondent, on instructions, would submit that based on the order of this Court,

the second respondent by proceedings, dated 28.08.2020 has passed an order

after holding an enquiry that the said land in question is stands as Village

Accounts as Survey No.14/1A1 is Government Promboke and therefore, they

have not registered the said document and rejected the same. He would further

submit that if he is aggrieved he can file the appeal within 30 days before the

Inspector General of Registration.

3.Recording the submission made by the learned Additional

Government Pleader, this contempt petition is closed. It is open to the

petitioner to proceed as per law.

                Index    :Yes/No
                Internet :Yes/No                                                09.11.2022
                am


                To

                Mr.Rames Babu,
                Zonal Deputy Tahsildar,
                Dindigul West,
                Dindigul.


https://www.mhc.tn.gov.in/judis

                                                 Cont.P.(MD)No.324 of 2021



                                        V.BHAVANI SUBBAROYAN, J.

                                                                      am

Contempt Petition(MD)No.324 of 2021

09.11.2022

https://www.mhc.tn.gov.in/judis