M.Loganathan v. S.K.Prabakar And 3 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND M.Loganathan

...Petitioner

-Vs1.Mr.S.K.Prabakar The Principal Secretary, Revenue Administrative Commissioner, Chepauk, Chennai - 600 005.

2.Mr.B.Murugesh, The District Collector, Thiruvannamalai, Thiruvannamalai District - 606 601.

3.Dr.M.Priya Dharshini, The District Revenue Officer, Thiruvannamalai, Thiruvannamalai District - 606 601.

4.Mr.P.Narayanan, Special Tahsildar, SIPCOT land Acquisition, Cheyyar

...Respondents

PRAYER: Contempt Petition filed under section 11 of the Contempt of Courts Act to punish the respondents for non compliance and willful 1/5

disobedience of the order of this Court passed in W.P.No.14670 of 2021 dated 21.12.2021.

For Petitioner : Mr.R.Govindasamy For Respondents : Mr.S.Silambanan, Senior Counsel

ORDER

Complaining the willful disobedience of the respondents to the order dated 21.12.2021 in W.P.No.14670 of 2021 passed by this Court, this contempt case has been filed.

2. On behalf of the respondents, counter affidavits have been filed.

3. On perusal of the affidavit filed by the first respondent, it is not in order and as per the procedure. To ascertain the reason, by order dated 12.06.2023, this Court directed the first respondent to personally present before this Court.

4. Accordingly, the first respondent is present. The first respondent submits that inadvertently, the affidavit is filed by his subordinate and there is 2/5

no willful or intentional laches on the part of the first respondent to file that affidavit. He also stated that he filed a correct affidavit with full information and he tendered unconditional apology for the mistake occurred.

5. Learned senior counsel appearing for the respondents submits that the order of the Court is complied with on 06.06.2023 and to that effect, he also filed affidavits of the respondents.

6. Learned counsel appearing for the petitioner also accepted the compliance of the order of this Court.

7. However, on consideration of the materials available on record, it appears that there is a delay of more than one year in complying the order in true letter and spirit.

8. Learned Senior counsel appearing for the respondent, on the aspect of delay would submit that admittedly there is a delay in complying the order and the reasons for the delay are explained in the affidavit filed by the respondents. But in view of the fact that there is a delay in compliance, in the 3/5

affidavits filed by the respondents, they tendered unconditional apology and requested to accept the same.

9. Considering the submission of the learned senior counsel appearing for the respondents and on perusal of the materials available on record, in view of the fact that the order is complied with and considering the reasons stated in the affidavits filed by the respondents, in our considered view, the unconditional apology tendered by the respondents is bonafide and accordingly, it is accepted.

10. For the above said reasons, in our considered view, no further adjudication is required in this contempt case. Accordingly, this contempt case is closed.

11. Consequently, connected Sub-Application is closed, if any. 19.06.2023 nl Index:Yes/No 4/5

BATTU DEVANAND, J.

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