A.Jayanthi v. Maharapoosanam Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.2.2021

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.819 of 2015 in M.P.No.2 of 2015 in W.P.No.333 of 2015 A.Jayanthi, W/o.N.Jaganathan, No.7A, Kullaveeranpatti, Mettur Dam-636 401, Salem District.

...Petitioner/Petitioner

Vs 1.Thiru Maharapoosanam, IAS, District Collector, Salem District, Salem.

2.Tmt Subbulakshmi, IPS, Superintendent of Police, Salem District, Salem.

3.Thiru Thennarasu, Superintending Engineer/North Circle, Tamil Nadu Police Housing Corporation Ltd., No.55/1, Inspectors Quarters (Near Police Hospital), TSP-II Battalian Campus, Avadi, Chennai-54.

...Respondents/Respondents

PETITION under Section 11 of the Contempt of Courts Act, seeking to punish the respondents for willfully disobeying the orders passed in MP.No.2 of 2015 in W.P.No.333 of 2015 dated 08.1.2015. 1/4

For Petitioner :

Mr.G.Sankaran For Respondent-3 :

Mr.V.Jaisankar

ORDER

I have heard the learned counsel for the petitioner and the learned counsel appearing for the third respondent.

2. This contempt petition has been filed alleging willful disobedience of the order and direction issued in MP.No.2 of 2015 in W.P.No.333 of 2015 dated 08.1.2015.

3. In fact, there is no positive direction issued by this Court except extracting the earlier direction issued in Cont.P.No.2595 of 2014 dated 28.8.2014.

4. The second respondent filed a counter affidavit inter alia stating as follows :

"13. It is submitted that the then SubCollector had filed a report dated 05.9.2014 before this Hon'ble Court have clearly stated in para IV(a) dated (d) as follows :

'The house tax receipt submitted by the 1st and 2nd petitioner in the mentioned typed set paper, does not come under T.S.No.2/1. As per the data obtained from the Mettur Municipality and verification of revenue records, the address to the above mentioned house tax receipt comes under 2/4

T.S.No.57'."

5. In the light of the stand taken by the second respondent, it appears that the documents produced by the petitioner would not fall within the disputed area in question. This Court, in exercise of contempt jurisdiction, cannot conduct a roving enquiry in these matters.

6. Therefore, while closing the contempt petition, liberty is granted to the petitioner, if so advised, to approach the appropriate authority with records to sustain her claim.

SD/- ASSISTANT REGISTRAR(COMM.CASES) rs //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

CO/24/03/2021 To 1.The District Collector, Salem District, Salem.

2.The Superintendent of Police, Salem District, Salem.

3.The Superintending Engineer/North Circle, Tamil Nadu Police Housing Corporation Ltd., 3/4

No.55/1, Inspectors Quarters (Near Police Hospital), TSP-II Battalian Campus, Avadi, Chennai-54.

4/4