2016 Supreme(Mad) 102
IN THE HIGH COURT OF JUDICATURE AT MADRAS
B. RAJENDRAN, J.
P. Venkata Rao - Petitioner
Versus
Mr. Venkatesan, I.A.S. - Respondent
Contempt Petition No. 935 of 2015 Review Application Nos. 192, 197 and 210 of 2015 M.P. Nos. 1, 1 and 2 of 2015
Decided On : 19-01-2016
Advocate Appeared:
Petitioner:Mr. R. Krishnamoorthy, Senior Advocate for Mr. P. Subba Reddy
For Respondent:Mr. P.H. Aravindh Pandian Additional Advocate General for Ms. P. Kavitha, Government Advocate
Review Applicants :Mr. P.H. Aravindh Pandian Additional Advocate General for Ms. P. Kavitha, Government Advocate
For Respondent:Mr. R. Krishnamoorthy, Senior Advocate for Mr. P. Subba Reddy
Review Applicant :Mr. G. Masilamani, Senior Advocate for Mr. C. Mohan of M/s. King and Patridge
For Respondents:Mr. R. Krishnamoorthy, Senior Advocate for Mr. P. Subba Reddy for R1 Mr. P.H. Aravindh Pandian Additional Advocate General for Ms. P. Kavitha, Government Advocate for RR2 & 3
Review Applicant : Mr. M. Vijayan for Mr. KT. Sankar Subramanian
For Respondents:Mr. R. Krishnamoorthy, Senior Advocate for Mr. P. Subba Reddy for R1, Mr. P.H. Aravindh Pandian Additional Advocate General for Ms. P. Kavitha, Government Advocate for R2
Headnote:Contempt - Suppression of material particulars –In the present application of contempt not impleadment of necessary parties was put in question in which alleging non compliance of order passed in writ against which review petition filed by third parties where it said the parties must disclose all necessary facts the parties should approach the court with clean hands without evasion-Allowing review petition.
The contempt petition No. 935 of 2015 has been filed by the writ petitioner in WP No. 11859 of 2014 complaining non-compliance of the order dated 25.04.2014 passed by this Court in WP No. 11859 of 2014 by the sole respondent therein and to initiate contempt proceedings thereof. Review application Nos. 197 and 210 of 2015 have been filed by third parties to WP No. 11859 of 2014 seeking to review the order dated 25.04.2014 passed by this Court in WP No. 11859 of 2014. Review Application No. 192 of 2015 has been filed by the respondents in WP No. 11859 of 2014. Thus, the issues arise for consideration in all these cases are identical, similar and inter-connected with each other. The learned counsel on either side have advanced common arguments in all these cases. Therefore, by consent of counsel on either side, the contempt petition, the review applications and also the main writ petition are taken up together and are disposed of by this common order.
2. For the sake of convenience, Mr. P. Venkata Rao, the contempt petitioner, shall hereinafter be referred to as "petitioner" and the review applicants shall be referred to as such as "review applicants".
3. The petitioner has filed WP No. 11859 of 2014 praying for a Writ of Mandamus directing the first respondent therein namely the Secretary to Government of Tamil Nadu, Revenue Department, Fort St. George, Chennai to consider the representations dated 24.04.2010 and 04.10.2012 submitted by him and to pass orders thereon on merits after affording him an opportunity of hearing. The said writ petition was disposed of by this Court on 28.04.2014 directing the first respondent in the writ petition to consider the representation of the petitioner referred to above and to pass orders thereof on merits and in accordance with law. Complaining that the order dated 28.04.2014 has not been complied with by the first respondent, as directed by this Court, the petitioner has filed the contempt petition No. 935 of 2015 to initiate appropriate contempt proceedings against the respondent therein for non-compliance of the said order dated 28.04.2014.
4. The review applicants in Review Application Nos. 197 and 210 of 2015 have initially filed applications for condonation of the delay in filing the review applications and also to grant leave to them inasmuch as they were not parties to the writ petition. This Court condoned the delay in filing the review applications and also granted leave to them to file the review applications. Accordingly, both Review Application Nos. 197 and 210 of 2015 have been entertained by this Court. As far as Review Application No. 192 of 2015 is concerned, the Government/respondent in the writ petition, has come forward with the application to review the order dated 25.04.2014.
Review Application No. 192 of 2015
5. This review application has been filed by the Government of Tamil Nadu represented by its Secretary, Revenue Department as well as the District Collector of Thiruvallur District. They are the respondents in WP No. 11859 of 2014 filed by the petitioner. According to the review applicants, Padiyanallur Estate/Village in Ponneri Taluk, Thiruvallur District was taken over by the Government under the provisions of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act (Tamil Nadu Act XXVI of 1948) on 03.01.1951 and Ryotwari settlement was introduced during 1958 corresponding to fasli year 1368. During the introduction of ryotwari settlement, the lands comprised in Survey Nos. 155/2 and 156 were classified as "Central Government Porokboke" and the government is the paramount title holder of the above said lands. These lands were not cultivated by any one. As per the Rules framed under the Act, if any one is aggrieved against the above classification, an appeal has to be preferred within 30 days from the date of order classifying the lands after completion of final settlement enquiry. The Rules were amended from time to time to enable the aggrieved perso