M.ATHIAPPAN Vs. HARMANDER SING

JUDGEMENT

(1.) The petitioner has filed in the instant contempt petition for willful disobedience of the order dated 12.04.2019 passed in WP.No.1019 of 2013. The writ petition was one for a mandamus directing the respondents to execute outright sale of the writ petitioner's houses in respect of Door Nos.10, 14 and 6 Anna Nagar, Namakkal Road, Rasipuram 637 408, in their favour, according to the market rate fixed as per the principles stipulated under the LIG Housing Scheme of Government of India based on the resolution passed by the 3rd respondent in resolution No.371, dated 17.02.1995.

(2.) The writ petition was disposed of with a direction to the petitioner to give one more representation to the Government and to issue further direction to the Government to consider the representation of the petitioner for the sale of properties. While granting the relief to the petitioner, this Court took a view that the Government had passed a G.O.Ms.No.730, Rural Development and Local Administration Department dated 14.04.1976, and all the benefits of the G.O were given to certain similarly placed persons, whereas the petitioners were not extended the same benefits. Pursuant to the order, representations were made. The Government has considered the representations given by the writ petitioners. By a letter No.19646/MA-V(2)/2019-2 dated 04.10.2019. The Government has rejected the claim of the petitioners. Paragraphs 6, 7 and 8 of the said Government letter is reproduced hereunder:-

(3.) Mr.A.R.Nixon, learned counsel for the petitioner states that the order is nothing but merely a lip service of the order of this Court and despite the order passed by this Court, no possible reason has been given by the Government as to why it has not executed the sale deed in favour of the petitioners. He would state that it is well settled that mere lip service of the order of this Court cannot absolve to the authorities from been proceeded with under the provisions of Contempt of Courts Act , 1971.