T. Udayappan v. Karthikayeeni, Tahsildar, Sivagangai
2016-08-08
M.VENUGOPAL
body2016
DigiLaw.ai
ORDER : 1. Heard both sides. 2. It is represented on behalf of the Respondent/Contemnor that the Respondent/ Tahsildar, Kalayarkovil Taluk, Sivagangai District had passed an order on 29.6.2016, inter-alia stating that presently against the judgment passed in O.S.No.526 of 1988, the appeal filed by the Petitioner is pending and that the Tahsildar cannot grant/issue patta for more than three cents in respect of a land coming under UDR Scheme and furthermore, if patta is to be issued for more than three cents of land, then the jurisdiction lies with the Commissioner of Land Administration, Chennai. 3. At this stage, the Learned Counsel for the Petitioner strenuously projects an argument that this Court in W.P(MD)No.4993 of 2014 on 12.6.2015 at para No.6, while allowing the Writ Petition, had observed the following: ''6.......The sixth respondent is directed to pass appropriate orders granting patta to the P0etitioner in the light of the decree made in O.S.No.526 of 1988 on the file of the District Munsif, Sivagangai, within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous Petition is closed.'' 4. As such, the Respondent/Contemnor had not followed the tenor and spirit of the order, dated 12.6.2015 passed by this Court in W.P(MD)No.4993 of 2014. 5. Apart from the above, the Learned Counsel for the Petitioner brings it to the notice of this Court that against the order, dated 12.6.2015 in W.P(MD)No.4993 of 2014 passed by this Court, an appeal was preferred by the Tahsildar, Kalayarkovil Taluk, Sivagangai District, before this Court and the same was dismissed by this Court on 11.4.2016. 6. As far as the present case is concerned, even though the Learned Single Judge of this Court in W.P(MD)No.4993 of 2014 dated 12.6.2015 had among other things directed the Sixth Respondent/Contemnor to pass appropriate orders granting patta to the Petitioner in the light of the decree made in O.S.No.526 of 1988 and also, he proceeded to observe that the Thasildar can grant patta in respect of a land coming under the UDR Scheme for three cents only and beyond that, the jurisdiction lies with the Commissioner of Land Administration, Chennai.
By passing the impugned order on 29.6.2016, the Respondent/ Contemnor in Reference No.1 referred to in the order passed in W.P (MD)No.4993 of 2014, dated 12.6.2015, even though a Writ Appeal in W.A (MD)No.530 of 2016 filed by the Tahsildar, Kalayarkovil Talukl Sivagangai District was dismissed by this Court on 11.4.2016, filled against the order, dated 12.6.2015 in W.P(MD)No.4993 of 2014, this Court is of the considered view that if the Petitioner is aggrieved against the order of the Respondent/Contemnor namely, the Tahsildar, Kalayarkovil Taluk, Sivagangai District, then it is for the Petitioner to assail the correctness of the order so passed by the Respondent/Contemnor before the competent forum, in accordance with Law and in the manner known to Law. As such, the Contempt Petition is closed for the present.