V.Senthilkumar v. G.S.Sameran And 4 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MRS.JUSTICE N.MALA in W.P.No.20734 of 2022 V.Senthilkumar ... Petitioner / Petitioner -vs1. Mr.G.S.Sameran, The District Collector, Coimbatore District.

2. Ms.P.S.Leela Alex, The District Revenue Officer, Pollachi Taluk, Coimbatore District.

3. Ms.S.Priyanka, I.A.S., The Revenue Divisional Officer, Pollachi, Coimbatore District.

4. Mr.Vairamuthu, The Tahsildhar, The Tahsildhar Office, Pollachi, Coimbatore District.

5. Mr.A.Muthukumar, Assistant Director, Survey and Land Records, District Collectorate, Coimbatore.

... Respondents 1/4

Prayer: The contempt petition is filed under Section 11 of the Contempt of the Courts Act, 1971 to punish the Respondents for wilful disobedience of the order passed by this Hon'ble Court in W.P.No.20734 of 2022 on 12.08.2022.

For Petitioner : Mr.A.Kumar For Respondents : Mr.A.Selvendran Spl. Govt. Pleader *****

O R D E R

This contempt petition has been filed for punishing the respondents for having not obeyed the order of this Court dated 12.08.2022 passed in W.P.No.20734 of 2022.

2. When the matter is taken up for hearing, Mr.A.Selvendran, learned Special Government Pleader appearing for the respondents drew the attention of this Court the order dated 23.12.2022 passed in the Review Application No.167 of 2022, in which, this Court, in the said Review Application, issued the following direction to the Authority concerned:

"4. Having regard to the limited relief now sought by the learned counsel for the review applicant and the same has not been seriously opposed on the side of the respondent 2/4

authorities, this court directs the authority concerned, to consider the review applicant's application, if it is pending and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to all the parties, as expeditiously as possible. Needless to state that the review applicant shall raise all the grounds available to them, before the authority concerned, at appropriate time."

3. According to the learned counsel for the petitioner, he has no instruction on that and if any application is pending before the Authority concerned, the same may be directed to be disposed of at the earliest point of time.

4. It is needless to mention here that once a representation / application has been received by the Authority concerned, it is their bounden duty to decide the same in one way or the other. Hence, if any application is pending, the Authority concerned shall pass orders thereon in terms of Paragraph No.4 of the order dated 23.12.2022 (extracted supra) within a period of one month from today. If the petitioner is aggrieved by non compliance of the order in the Review Application, he will have to work out his remedy in accordance with law and the present Contempt Petition is not maintainable.

3/4

S.VAIDYANATHAN,J., and N.MALA,J., ar

5. In the result, this Contempt Petition is closed. No costs. [S.V.N,J.,] [N.M,J.,] 23.03.2023 Index: Yes / No Internet: Yes / No ar in W.P.No.20734 of 2022 4/4