Mrs.S.Vijayalakshmi vs Mr.Gomathi Nayagam on 28 March, 2007

Madras High Court
Mrs.S.Vijayalakshmi vs Mr.Gomathi Nayagam on 28 March, 2007
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28/03/2007
CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN

Cont.Petition.No.71 of 2007
IN
W.P.No.10948 of 2006

Mrs.S.Vijayalakshmi		.... Petitioner

		-Vs-

Mr.Gomathi Nayagam,
Joint Sub-Registrar-I,
District Registrar Grade,
Madurai South,
Palace Road,
Madurai -1			... Respondent

Prayer..  This Contempt Petition filed under Article 215 of the Constitution of
India read with Section 12 (c) of Contempt of Courts Act to punish the
respondent for committing contempt by wilfully disobeying the order, dated
03.01.2007, made in W.P.No.10948 of 2006.

!For petitioner  : Mr.K.P.Krishna doss
^For respondent: Mr.D.Sasikumar, G.A.

:ORDER

This Contempt Petition has been filed praying for an order from this Court
to punish the respondent for committing contempt by willfully disobeying the
order passed by this Court, on 03.01.2007, in W.P.No.10948 of 2006 and for other
orders.

2.Heard the learned counsel appearing for the petitioner as well as for
the respondent.

3.It is stated by the petitioner that her husband S.Somasundaram, had died
intestate, on 17.02.2004, leaving her and her two minor children. While the
petitioner’s husband was alive, a family Partition Deed had been effected by a
Partition Deed, dated 31.08.2000, and it was registered on the same day with the
respondent and the document had been numbered as document No.331 of 2000. It is
further stated by the petitioner that a stamp duty of Rs.8,000/- had been paid.
However, the document had not been released by the respondent. Therefore, the
petitioner had made several representations requesting the respondent to release
the document. There was no response from the respondent. Therefore, the
petitioner was constrained to file a writ petition in W.P.No.10948 of 2006,
praying for a direction from this Court to direct the respondent to release the
document, dated 31.08.2000. This Court by an order, dated 03.01.2007, directed
the respondent to release the said document on payment of the deficit stamp duty
by the petitioner. Pursuant to the said order, the petitioner had paid the
deficit stamp duty of Rs.8,100/- , to the respondent, on 18.01.2007. However,
even after the payment of the deficit stamp duty by the petitioner, the
respondent had not complied with the order of this Court, dated 03.01.2007, by
releasing the document, dated 31.08.2000. Hence, the petitioner had filed the
present contempt petition.

4.The learned Government Pleader, who had appeared on behalf of the
respondent, after taking notice had submitted that the Partition Deed, dated
31.08.2000, had been released by the respondent, on 08.03.2007, on payment of
the additional stamp duty by the petitioner, pursuant to the order of this Court
, dated 03.01.2007, made in W.P.No.10948 of 2006. On such submission being made
by the learned Government Advocate appearing on
M.JAICHANDREN.J.,

behalf of the respondent, this Court is of the considered view that no further
orders are necessary in the present contempt petition. Hence, the contempt
petition stands closed.

ssm

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