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2025 DIGILAW 1326 (MAD)

Sudhir N. Shenoy v. S. Arunraj

2025-03-05

ANITA SUMANTH

body2025
ORDER : 1. Read this order in continuation of and in conjunction with earlier orders, particularly, orders dated 04.09.2024 and 07.02.2025 which are extracted below: 1. Order dated 04.09.2024 Mr. Ramanlaal, learned Additional Socilitor General appears on behalf of Mr.P.Harish, learned Government Advocate, who accepts notice for the respondent. He states that the process of executing the warrant has been initiated, but then, since the procedure contemplated under the Revenue Recovery Act, 1864 is time consuming, more time is required to comply with the directions under orders dated 21.02.2024 and 28.02.2024. 2. One thing is clear. The State is in contempt of the directions issued under the aforesaid two orders. It is also true that no applications have been filed by the respondent seeking extension of time, which ought to have been done, if they believe that more time is required. 3. Be that as it may, the aspect of contempt is clear and necessary punishment will be considered when the contempt petitions are closed. 4. For the moment, let affidavits be filed setting out the process to be undertaken and the time expected to be taken in that regard, based on which further orders will be passed. The affidavits shall also include particulars of what has transpired in the intervening period. 5. Since Mr.Ramanlaal states that some processes have, in fact, been undertaken and dates of auction have been fixed, it is made clear that the same shall proceed unhindered by the pendency of these Contempt Petitions and the orders passed now. 6. List on 15.10.2024. Affidavits be filed by then with an advance copy served upon the petitioners. Order dated 07.02.2025 1. Read this order in continuation of and in conjunction with earlier orders passed in the matter. The respondent was directed to comply with the orders of this court dated 21.02.2024, 28.02.2024 and 14.03.2022 and by order dated 19.08.2024 passed in Cont.P.No,2066 of 2024, the respondent was directed to file a status report as well. 2. When the matters are taken up today, I do not find any status report having been filed. However, Mr.Ramanlal, learned Additional Advocate General, assisted by Mr.P.Harish, learned Government Advocate for the respondent states that the subject properties were brought to auction on various dates. 2. When the matters are taken up today, I do not find any status report having been filed. However, Mr.Ramanlal, learned Additional Advocate General, assisted by Mr.P.Harish, learned Government Advocate for the respondent states that the subject properties were brought to auction on various dates. However, he states that the association has filed a writ petition challenging the proposal for auction in one of the matters and have obtained an order of stay. 3. Let a copy of that order be produced on the next date of hearing. By virtue of the stay order, that auction has been stalled. The fate of the remaining two auctions are unknown. Hence, a final opportunity is given to the respondent to file a status report on or before 03.03.2025 with a copy served in advance upon the petitioners. 4. List on 05.03.2025. 2. Today a status report has filed by the respondent wherein at paragraph 12, the respondent states as follows: 12. It is respectfully submitted that accordingly, the details of land properties covered by various Recovery warrants issued by the Real Estate Regulation Authority were identified and as such an extent of 1.61 acres (6515 sq.mts) of land comprised in Survey No.195/1A, 195/2A and 195/3 of Kalavakkam Village Thiruporur Taluk whose present Government value is The 15,43,07,775/- (Rupees Fifteen Crores forty three lakhs seven thousand seven hundred and seventy five only) has been scheduled to be brought under public auction on 27.03.2025 and the details of public auction have also been published in the Tamil daily “Dinamalar” dated 28.02.2025. It is also submitted that from the sale proceeds of the public auction of the lands, the amounts due to the petitioners will be settled in pursuant to the direction of the Hon'ble Court made in the aforesaid writ petition. 3. In light of the fact that the property referred to in paragraph 12 extracted above is to be brought under public auction on 27.03.2025, this Court is of the view that these contempt petitions need not be kept pending any longer. Needless to say, the closure of the contempt petitions would not mean that the efforts of the respondent to continue the process should stagnate in any way. 4. Needless to say, the closure of the contempt petitions would not mean that the efforts of the respondent to continue the process should stagnate in any way. 4. Incidentally, it is noted that the statement of learned Additional Advocate General recorded towards the end of paragraph 2 of order dated 07.02.2025 in relation to the stay obtained by the Association in a writ petition challenging a proposal for auction is erroneous insofar as that writ petition numbered as W.P. No. 30617 of 2024 has been disposed on 09.01.2025 itself. The Court expresses its displeasure at this. 5. Recording the aforesaid, these contempt petitions are closed. No costs. 6. Needless to say in the event that the respondent delay the proceedings for execution of warrant as directed under order dated 21.02.2024, the petitioners are always at liberty to revive the contempt petitions.