E.Jayavel v. Johnny Dom Vargheese

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.07.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S. RAMESH E.Jayavel

...Petitioner

Vs Mr.Johnny Dom Varghese, The District Collector, Nagapattinam, Nagapattinam District.

...Respondent

Prayer: Contempt Petition filed under Section 11 of Contempt of Courts Act, praying to punish the respondent for willful and intentional disobedience for the non-compliance of the order of this Court dated 15.03.2023 in W.P.No.28904 of 2016.

For Petitioner : Mr.V.Kasinatha For Respondent : Mr.Haja Nazirudeen, Additional Advocate General assisted by Mrs.V.Yamuna Devi Special Government Pleader 1/4

ORDER

In continuation of my earlier order dated 05.04.2024, Mr.Johnny Tom Varghese, District Collector, Nagapattinam, is physically present before this Court.

2. The learned Additional Advocate General appearing on behalf of the respondent submitted that as against the order passed in W.P.No.28904 of 2016, they have preferred a Writ Appeal in W.A.No.1743 of 2024, along with an application in C.M.P.No.12288 of 2024, wherein the Hon'ble Division Bench has passed an order of interim stay.

3. When the Hon'ble Division Bench has taken cognizance of the appeal and has proceeded with it, it would not be appropriate for this Court to parallelly proceed with the Contempt Petition. However, if liberty is granted to the petitioner to workout his remedies, after final orders are passed in the Writ Appeal, a balance can be struck.

4. Accordingly, the Contempt Petition stands closed with liberty to 2/4

the petitioner to workout his remedies subject to the outcome of the Writ Appeal.

12.07.2024 Index:Yes/No Speaking/Non-speaking order hvk To Mr.Johnny Dom Varghese, The District Collector, Nagapattinam, Nagapattinam District.

3/4

M.S. RAMESH,J.

hvk 12.07.2024 4/4