P.RAMASAMY Vs. E.SUNDARAVALLI

JUDGEMENT

(1.) The petitioner in the contempt petition, is the petitioner in WP.No.19870/2017 and alleging willful disobedience and non-compliance of the order dated 17.08.2017 passed in the said writ petition, came forward to file the present petition for contempt.

(2.) The learned counsel for the petitioner would submit that the petitioner was granted assignment of the land, admeasuring to an extent of 240 sq.ft., in Survey No.320/2C at Padi Village, Ambattur Taluk, Tiruvallur District and there was a Deed of Grant dated 10.07.2009 executed between the petitioner and the Governor of Tamil Nadu, granting lease of the land for a period of five years, subject to the payment of the entire amount in advance at the rate of Rs.6000/- per annum to the credit of General Revenues of the State, as a result of his occupation of the land for three years. Learned counsel has also drawn the attention of this Court to clause No.27 of the said Deed of Grant and would submit that as per the said clause, the lease has to be renewed on its period of expiry subject to the condition that the lessee shall pay the lease amount which may be tentatively arrived at by adding the percentage of provisional increase in lease on the tentative value of the land on an increase of 12% per annum to the lease year/reference year till its renewal/revision of rent that may be fixed.

(3.) . The Grant came to be expired on 09.07.2014 and thereafter, it is the claim of the petitioner that he started paying the increase in the lease amount with an increase of 12% per annum @ Rs.10575/-. The grievance now expressed by the petitioner is that this Court, while permitting the petitioner to withdraw the writ petition, has passed an order on 17.08.2017, granting him liberty to approach the Revisional Authority within a period of four weeks from the date of receipt of a copy of that order and till such time, had directed the respondents 3 and 4 in the writ petition, viz., the Collector of Tiruvallur District and the Tahsildar of Ambattur Taluk at Ambattur, Tiruvallur District, to defer further proceedings in terms of the impugned notice dated 24.07.2017 issued by the 3rd respondent therein and the Revisional Authority was also directed to entertain the revision petition if the papers are otherwise in order and give a disposal in accordance with law, as expeditiously as possible within a period of eight weeks thereafter and communicate the decision taken, to the petitioner. The copy of the order was made ready on 21.09.2017 and it was taken delivery on 03.10.2017. In the interregnum, there was a rival claimant, viz., Mr.Ponsingh, which resulted in the registration of the case in Crime No.269/2016 by T-3 Korattur Police Station under section 145 [3] Cr.P.C. and the Revenue Divisional Officer, vide proceedings dated 21.09.2017 in Na.Ka.No.2117/2017/A2, has rejected the claim of the petitioner as well as Ponsingh in respect of the lands in question and no further challenge has been made to the said proceedings and it has become final.