2021 Supreme(Online)(MAD) 32368
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.08.2021 CORAM THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Cont.P.No.132 of 2019
1.Shantha Krishnamurthi
2.Uma Maheshwari
3.B.Sukumar
4.Rama Subramaniam
5.Bharathi Subramaniam
6.Sumathi Srinivas ..Petitioners Vs.
1.Vasanthi, The Tahsildar, Tambaram, GST Road, Kadaperi, Chennai 600 045
2.Balaji, The Assistant Commissioner, Competent Authority, Urban Land Ceiling, No.153, Karuneegar Street, Adambakkam, Chennai 600 088 ..Respondents PRAYER:
Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for their contempt of court for their wilful disobedience of the order of the Court dated 17.09.2012 in WP.No.14499 of 2007.
For Petitioners : Mr.V.Ramesh for Mr.Moorthy K For Respondents : Mr.Richardson Wilson Government Advocate
ORDER
This contempt petition has been filed to punish the respondents for their wilful disobedience of the order of this Court dated 17.09.2012 in WP.No.14499 of 2007.
2. While setting aside the impugned proceedings initiated under the Urban Land Ceiling Act, this Court directed the third respondent therein to incorporate the names of the writ petitioners in the revenue records as owners of the subject land within a period of twelve weeks from the date of receipt of copy of that order.
3. The learned counsel for the petitioners would submit that though the third respondent incorporated the petitioners' names in the revenue records as owners of the subject land, the extent of the land wrongly stated by the third respondent. That apart, the third respondent failed to provide sub division sketch which was already made ready with the third respondent. The land was also wrongly classified and the said land should be classified as 'nanja' or 'house site'.
4. The learned counsel for the respondents would submit that the order passed by this Court was already complied with as early as 13.07.2021 itself. However, the third respondent failed to mention the exact extent of the property in the proceedings under the Urban Land Ceiling Act. Now, by order dated 12.08.2021, the same was also corrected and the said communication was duly communicated to the petitioners. In respect of the classification of the land concerned, it is not the scope of the contempt petition and it would be considered in the writ petition. If they want to reclassify the said land, they have to make separate representation and it can be considered in the manner known to law. Insofar as the sub division of the said property is concerned, already the third respondent made sketch and it is available with the records.
5. It is seen that the third respondent already complied with the order passed by this Court on 13.07.2021 itself. Insofar as the extent of the land is concerned, it was also corrected by the order dated 12.08.2021. However, the sketch of sub division in respect of the said property is available with the third respondent and the third respondent in the writ petition is directed to furnish the copy of the same to the petitioners. In respect of the classification of the land is concerned, the petitioners are at liberty to make fresh representation to the authority concerned and the authority concerned is directed to consider the same in the manner known to law. Therefore, no contempt is made out as against the respondents. Due to compliance of the order passed by this Court, this contempt petition is closed.
13.08.2021 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok G.K.ILANTHIRAIYAN,J.
lok To
1.Vasanthi, The Tahsildar, Tambaram, GST Road, Kadaperi, Chennai 600 045
2.Balaji, The Assistant Commissioner, Competent Authority, Urban Land Ceiling, No.153, Karuneegar Street, Adambakkam, Chennai 600 088 Cont.P.No.132 of 2019
13.08.2021