Madras High CourtCONT P/1771/2017closed

K.P.Pannerselvan v. Pradeep Yadav Ias

2017-11-10Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.11.2017

CORAM:

THE HON'BLE MR. JUSTICE M.SATHYANARAYANAN Cont.P.No.1771 of 2017 K.P.Pannerselvan ..

Petitioner vs.

Mr.Pradeep Yadav, I.A.S., Principal Secretary, Co-operational Food and Consumer Protection Development, Secretariat, Fort St.George, Chennai-600 009.

Respondent Prayer : Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971 to punish the respondent for willful disobedience of the order dated 03.03.2017 made in WMP.No.4205 of 2017 in W.P.No.3621 of 2017. For Petitioner :

M/s.Selvi George For Respondent :

Mrs.T.Girija, Government Advocate (Coop.)

O R D E R

The learned counsel appearing for the petitioner would submit that in violation of the order dated 03.03.2017 made in WMP.No.4205 of 2017 in W.P.No.3621 of 2017, the respondent/contemnor has passed an order dated

06.06.2017 rejecting the petitioner's request and challenging the same, the petitioner has filed W.P.No.16625 of 2017 and on advise, has withdrawn the said writ petition. The learned counsel appearing for the petitioner would further submit that this Court, in the above said order, has given a positive direction and the respondent, in utter disregard, has violated the same and hence, prays for initiation of contempt proceedings.

2. Per contra, Mrs.T.Girija, learned Government Advocate (Coop.) would submit that the impugned order came to be passed rightly after taking into consideration the relevant rules and the liberty open to the petitioner is to make a challenge to the said order.

3. This Court has considered the rival submissions and also perused the materials placed before it.

4. The interim direction passed by this Court dated 03.03.2017, which is the subject matter of this contempt petition, according to the learned counsel appearing for the respondent/contemnor, has been complied with, vide proceedings dated 06.06.2017. In the considered opinion of this Court, in contempt jurisdiction, this

Court cannot test the said order and therefore, grants liberty to the petitioner to make a challenge to the said order in the manner known to law.

5. In view of the above, this Contempt Petition is closed. 10.11.2017 Index : Yes / No Internet : Yes / No jvm To Mr.Pradeep Yadav, I.A.S., Principal Secretary, Co-operational Food and Consumer Protection Development, Secretariat, Fort St.George, Chennai-600 009.

M.SATHYANARAYANAN, J., jvm Cont.P.No.1771 of 2017 10.11.2017