BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 19.09.2022 CORAM THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN CONT.P(MD)No.1310 of 2022 and W.P(MD)No.8848 of 2021 Jawaharram ..Petitioner/Second Respondent Vs

1.R.Renganathan ...Contemnor/Ist Respondent

2.D.Padmavathy ..Respondent/Petitioner Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to proceed against the Contemnor/Ist Respondent for deliberate and intentional disobedience of the specific direction of this Court made in W.P(MD)No.8848 of 2021, dated 12.1.2022.

For Petitioners :Mr.S.Kadarkarai For Respondent-1 :Mr.REamesh Arumugam Govt.Advocate

ORDER

This Contempt Petition is filed seeking to proceed against the Contemnor/Ist Respondent for deliberate and intentional disobedience of the specific direction of this Court made in W.P(MD)No.8848 of 2021, dated 12.1.2022.

2.Heard the learned counsel appearing on either side and perused the materials placed befoire this Court.

3.This Court, in the above Writ Petition and various batch of Writ Petitions by order, dated 12.1.2022, directed the Tahsildar concerned to examine the case of the individual applicant in the following manner:

1.If the deceased had two wives, then follow the circulars and judment of the Division Bench of this Court referred to supra in W.P(MD)No.18477 of 2020 in J.Ravi .vs. The District Collector, Trichy and others and direct the parties to settle the isse before the competent Civil Court.

2.if it is an issue of claiming legal heirship certificate for a deceased brother or sister and when there are no rival claimants, make necessary enquiry and proceed to issue legal heirship certificate.

3.If there are rival claimants, even amount class-II legal heirs or the status of the applicant in disputed, then direct the parties to resolve those issues before the competent Civil Court.

4.In the above order, this Court has clearly held that if there are any dispute, the parties may be directed to approach the competent Civil Court for necessary relief. The Tahsildar concerned had called the Petitioner and others for an enquiry and though the though Petitioner has clearly stated that there is dispute between them to resolve the issue,however, the Tahsildar concerned had passed orders on 27.8.2022 declaring one of the party as second class leagal heir of the deceased Rama Jagadeesan and hence the order passed by the Tahsildar concerned is unsustainable in law as per the order of this Court and hence the said order is liable to be cancelled. However, it is made clear that any mutuation made subsequent to the order made by the Tahsildar as referred to supra, is legally not sustainable.

5.With the above observation, the Contempt Petition is closed. No costs.

6.Post the matter under the caption'for reporting complliance'' in respect of cancellation of the order passed by the Tahsildar concerned, on

14.10.2022. 19.09.2022 Index : Yes/No Internet:Yes/No vsn V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN CONT.P(MD)No.1310 of 2022 and W.P(MD)No.8848 of 2021

19.09.2022