Sathiyabama v. Dr.Utayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.07.2015

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM Contp. No. 1291 of 2015 Sathiyabama .. Petitioner Vs Dr.Uthayakumar Joint Director of Health and Medicine Perambalur, Perambalulr.

.. Respondent PRAYER : Petition filed under section 11 of the Contempt of Courts Act, to punish the respondent for willfully violating the orders of this Court in W.P.No.4352 of 2015 dated 20.02.2015.

For Petitioner : Mr.E.Sathiyaraj For Respondent : Mr.R.Vijayakumar, Addl.Govt. Pleader

O R D E R

This Contempt Petition has been filed alleging willful disobedience of the order and direction issued by this Court dated 20.02.2015 in W.P.No.4352 of 2015 and the operative portion of the order reads as follows: "2.In the light of the above facts, without going into the merits of the allegations made by the petitioner, the fourth respondent is directed to issue a

fresh notice to the petitioner and conduct enquiry on the date fixed based on the documents produced by the petitioner and submit a report to the second respondent for appropriate action. The enquiry shall be conducted by the fourth respondent within a period of three weeks from the date of receipt of a copy of this order."

2.The direction issued as stated above is two fold. Firstly, the fourth respondent in the Writ Petition was directed to issue fresh notice to the petitioner and conduct enquiry on the date fixed based on the documents produced by the petitioner and secondly to submit a report to the second respondent in the writ petition viz. the Director of Medical and Rural Services.

3.It is not in dispute that the first limb of the direction has been complied with inasmuch as enquiry was conducted on 11.3.2013, pursuant to the notice dated 03.03.2015. The learned counsel for the petitioner submits that the petitioner attended the enquiry on the said date and produced the documents.

The grievance of the petitioner is that the second limb of the direction has not been complied with viz. report has not been forwarded to the second respondent.

4.The learned Additional Government Advocate submits that he does not have any instructions in this regard. 5.In the light of the above, the Contempt Petition is closed, with a direction to the second respondent to forward a report, within a period of two weeks from the date of receipt of a copy of this order to the second respondent in the Writ Petition viz. the Director of Medicine and Rural Services, if not already forwarded. rpa SD/ DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/14/03/2015 One CC to Mr.E.Sathiyaraj, Advocate, SR.8511 To The Director of Medicine and Rural Services, Chennai 600 006.