Madras High Court
A.Arockiyamary vs Mr.Muruganandham on 11 October, 2023
1 CONT.P.(MD)NO.1847 OF 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 11.10.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
CONT.P.(MD)No.1847 of 2023 IN
W.P.(MD)No.13006 of 2022
A.Arockiyamary ... Petitioner / Petitioner
Vs.
Mr.Muruganandham,
Special Tahsildar,
Competent Authority,
District Revenue Office,
11A, Indira Nagar,
Sennamanayakkanpatti,
Dindigul. ... Contemnor / 2nd Respondent
Prayer: Contempt petition is filed under Section 11 of
the Contempt of Courts Act 1971, to punish the contemnor /
second respondent for his willful disobedience on the order of
this Court made in W.P.(MD)No.13006 of 2022 dated
25.07.2022.
For Petitioner : Mr.A.Haja Mohideen
For Respondent : Mr.R.Baskaran,
Additional Advocate General,
assisted by,
Mr.M.Prakash,
Additional Government Pleader.
***
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2 CONT.P.(MD)NO.1847 OF 2023
ORDER
Heard the learned counsel appearing for the writ
petitioner and the learned Additional Advocate General
assisted by the learned Additional Government Pleader
appearing for the respondents.
2. The petitioner filed W.P.(MD)No.13006 of 2022. The
prayer in the writ petition was as follows:-
“Writ petition filed under Article 226 of
the Constitution of India, to issue a Writ of
Mandamus, directing the first respondent to
pay full compensation with interest to the
petitioner for the acquisition of her property in
survey No.138:7C 4A an extent of 380
square meter and in survey No.138/7C4B an
extent of 264 square meter in Vakkampatti
Village, Aathur Taluk, Dindigul District by
considering her representation dated
04.06.2022 within the period as stipulated by
this Court.”
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3 CONT.P.(MD)NO.1847 OF 2023
3. The writ petition was disposed of on 25.07.2022 in the
following terms:-
“Heard the learned counsel on either side.
2. The issue concerns disbursement of
compensation following the acquisition of the
petition mentioned property. There appears to
be a dispute between the petitioner on the one
hand and the third respondent on the other.
Therefore, the competent authority has to
necessarily make reference to the jurisdictional
civil Court within a period of three weeks from
the date of receipt of a copy of this order. It is
for the jurisdictional Court to take a call in the
matter. After the reference is made to the
jurisdictional civil Court, the proceedings will
be concluded on merits and in accordance with
law after issuing notice to the interested parties
within a period of eight months thereafter.
3. This writ petition stands disposed of
accordingly. No costs.”
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4 CONT.P.(MD)NO.1847 OF 2023
4. Contending that the order passed by this Court has
not been complied with, the present contempt petition came to
be filed.
5. I wanted to know as to why the reference petition has
not been numbered till date. I pointed out to the learned
Additional Advocate General that the order copy was made
ready on 17.08.2022. The stand of the respondent is that they
received the order copy only on 15.09.2022.
6. It appears that from the office of the Government
Pleader, the certified copy was not sent. Instead, the order
copy was despatched directly from the Madurai Bench of
Madras High Court to the office of the respondent.
7. I direct the learned Government Pleader for Madurai
Bench of Madras High Court to ensure that arrangements are
made for obtaining the certified copies. They should not leave
it to the High Court to despatch the order copy directly to the
concerned departments. The law officers will also send letters
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5 CONT.P.(MD)NO.1847 OF 2023
directly to the officers concerned as and when the judgments
are pronounced, instead of waiting for the formal certified
copy.
8. The reference petition was originally submitted on
17.11.2022. It was returned by pointing out certain defects.
The returned papers had been misplaced. Thereafter, the
bundle was reconstructed and re-presented. Again, it was
returned by pointing out the earlier returns had not been
complied with. That is the position as on date.
9. Today the respondents filed W.M.P.(MD)No.20927 of
2023 seeking extension of time. The WMP was allowed and
the time stipulated by this Court was extended by two more
weeks.
10. This is truly a sorry state of affairs. The District
Collector, Dindigul is directed to personally look into the
whole issue and issue directions so that in future such delays
do not occur. I make it clear that if I come across with such
situation in future, serious view will be taken.
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6 CONT.P.(MD)NO.1847 OF 2023
11. The learned Principal District Judge, Dindigul is
directed to take on file the re-submitted application and
number the same and dispose it of on merits and in
accordance with within a period of three months from the date
of receipt of a copy of this order. With these directions, the
contempt petition is disposed of.
11.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
PMU
Note : Registry to issue a copy of this order to the learned
Principal District Judge, Dindigul, immediately.
To:
The Special Tahsildar,
Competent Authority,
District Revenue Office,
11A, Indira Nagar,
Sennamanayakkanpatti,
Dindigul.
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7 CONT.P.(MD)NO.1847 OF 2023
G.R.SWAMINATHAN,J.
PMU
CONT.P.(MD)No.1847 of 2023 IN
W.P.(MD)No.13006 of 2022
11.10.2023
https://www.mhc.tn.gov.in/judis
