Dr.M.L.Jagadeesan v. Mr.Ravi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Sub.Apl (OS) No.112 of 2022 in Cont.P.Dr.No.8452 of 2022 M.L.Jagadeesan ... Petitioner Vs.
1.Ravi, The Revenue Divisional Officer, Tondiarpet, Chennai - 600 081.
2.Rajeswari, The Settlement Tahsildar, Thiruvottiyur Town Survey Scheme, Poonthotam Street, Thiruvottiyur, Chennai - 600 019.
... Respondents PRAYER: Sub Application has been filed under Section 151 of C.P.C to dispense with the production of the order dated 07.09.2021 made in W.P.No.13723 of 2021.
For Petitioner : Mr.Ravi For Respondents : Mr.U.Bharanidharan, Additional Government Pleader Page No.1 of 5
O R D E R
Learned counsel for the petitioner submitted that this Court in W.P.No.13723 of 2021 dated 07.09.202, issued a direction to the third respondent/ The Settlement Tahsildar therein to submit a report on the petitioner's representation before the second respondent/The Revenue Divisional Officer. On receipt of the said report, the second respondent was directed to conduct an enquiry and pass appropriate orders within a period of three months. However, till date, no enquiry was conducted.
2. Learned Additional Government Pleader appearing for the respondents submitted that pursuant to the aforesaid order dated 07.09.2021, the third respondent has filed a report before the second respondent and on receipt of the same, the second respondent issued a notice to the petitioner for appearance of enquiry. However, the petitioner counsel Mr.Daniel sent a letter dated 12.10.2022 to the second respondent and sought time for appearance of the petitioner.
Page No.2 of 5
3. In view of the above, it is transparent that on one hand, the petitioner counsel sought time to appear before the second respondent, but on the other hand, the petitioner has filed Contempt Petition and Sub-application before this Court, which is clearly impermissible.
4. Hence, this Court do not find any willful disobedience on the part of the respondents. Accordingly, this Sub-application is closed. Consequently, Contempt Petition Dr.No.8452 of 2022 is rejected. 28.10.2022 (vm) Index :
Yes/No Speaking Order :
Yes/No Page No.3 of 5
M.DHANDAPANI,J.
vm Sub.Apl (OS) No.112 of 2022 in Cont.P.Dr.No.8452 of 2022 Page No.4 of 5
28.10.2022 This court by its order dated 07.11.2021 issued a direction to the third respondent to submit a report on the petitioner's representation to the second respondent and further directed the second respondent to conduct an enquiry and pass appropriate orders within a period of three months and pursuant to which, the third respondent filed report before the second respondent. However, the second respondent issued a notice to the contemnor for appearance of enquiry. The petitioner counsel Mr.Daniel sent a letter dated 12.10.2022 and sought time for final arguments. One hand the said counsel sought time for final arguments and on the other hand filed a contempt petition is impermissible. Hence, there is no willful disobedience. This Contempt Petition is closed.
Page No.5 of 5