Madras High Court
Malliga vs D.G.Vinay on 12 January, 2023
Cont.P.No.1869 of 2022 and
Review Application (Writ) No.250 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.01.2023
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Cont.P.No.1869 of 2022
and
Review Application (Writ) No.250 of 2022
against W.P.No.10596 of 2016
Cont.P.No.1869 of 2022:-
Malliga ... Petitioner
Vs.
D.G.Vinay, I.A.S.,
Commissioner of Survey and Settlement,
Survey House,
Chepauk,
Chennai – 600 005. ... Respondent
Prayer:- Contempt petition has been filed under Section 11 of the Contempt of
Courts Act, 1971, praying to punish the respondent for willful disobedience of
the order passed by this Court made in W.P.No.10596 of 2016 dated
24.08.2021.
For Petitioner : Ms.T.Dharani
For Respondent : Mr.V.Arun
Additional Advocate General
Assisted by Mr.T.Arun Kumar,
Additional Government Pleader.
https://www.mhc.tn.gov.in/judis
Page 1 of 6
Cont.P.No.1869 of 2022 and
Review Application (Writ) No.250 of 2022
Review Application (Writ) No.250 of 2022
1. The Commissioner of Survey and Settlement,
Survey House,
Chepauk,
Chennai – 600 005.
2. The Tahsildar,
Uthukottai Taluk,
Tiruvallur District. ... Petitioners
Vs.
P. Malliga ... Respondent
Prayer : The Petition is filed under Order XLVII Rule-1 of Code of Civil
Procedure, to review the order dated 24.08.2021 made in W.P.No. 10596 of
2016 on the file of this Court.
For Petitioners : Mr.V.Arun
Additional Advocate General
Assisted by Mr.T.Arun Kumar,
Additional Government Pleader.
For Respondent : Ms.T.Dharani
COMMON ORDER
The Contempt Petition has been filed to punish the respondent for
non compliance of the order dated 24.08.2021 passed by this Court in
W.P.No.10596 of 2016, thereby directing the respondent to consider the
petitioner's application on merits and in accordance with law and pass orders
https://www.mhc.tn.gov.in/judis
Page 2 of 6
Cont.P.No.1869 of 2022 and
Review Application (Writ) No.250 of 2022
within a period of twelve weeks. The respondent also filed petition to review
the order passed by this Court in W.P.No.10596 of 2016, dated 24.08.2021.
2. The learned Additional Advocate General appearing for the
respondent submitted that the Hon'ble Division Bench of this Court by the
judgment dated 09.02.2016 in W.A.No.96 of 2015 in the case of Sundaram
and ors Vs. The Principal Secretary and Commissioner of Land
Administration and ors held that the Government passed order in
G.O.Ms.No.1300, Revenue Department dated 30.04.1971 and directed the land
holders or the ryots, who could not obtain patta within the prescribed time
under the provisions of the Tamil Nadu Estate (Abolition and Conversion into
Ryotwari Act, 1948, to make an application for grant of patta in respect of such
land, provided they were in continuous possession and enjoyment of any land
in the estate taken over under the said Act. The said permission came to an end
and subsequently by G.O.Ms.No.714, which stipulated the last date as
20.08.1987. He further submitted that the said judgment was not brought to the
notice of this Court. Hence, he prayed to allow the Revision Application.
https://www.mhc.tn.gov.in/judis
Page 3 of 6
Cont.P.No.1869 of 2022 and
Review Application (Writ) No.250 of 2022
3. Considering the above facts and circumstance, the respondent is
directed to consider the petitioner's application and pass order in the light of the
above judgment of the Hon'ble Division Bench of this Court made in
W.A.No.96 of 2015 dated 09.02.2016, on merits and in accordance with law,
within a period of eight weeks from the date of receipt of a copy of this Order.
4. With the above direction, the Review Application is ordered. In
view of the order passed in the Review Application, the Contempt Petition is
closed.
12.01.2023
Internet : Yes
Index : Yes/No
Speaking/Non Speaking order
rts
https://www.mhc.tn.gov.in/judis
Page 4 of 6
Cont.P.No.1869 of 2022 and
Review Application (Writ) No.250 of 2022
To
1. The Commissioner of Survey and Settlement,
Survey House,
Chepauk,
Chennai – 600 005.
2. The Public Prosecutor,
Madras High Court,
Chennai.
https://www.mhc.tn.gov.in/judis
Page 5 of 6
Cont.P.No.1869 of 2022 and
Review Application (Writ) No.250 of 2022
G.K.ILANTHIRAIYAN, J.
rts
Cont.P.No.1869 of 2022 and
Review Application (Writ) No.250 of 2022
12.01.2023
https://www.mhc.tn.gov.in/judis
