L.Devan v. Ramamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2015

CORAM:

THE HON'BLE Mr. JUSTICE SATISH K.AGNIHOTRI and THE HON'BLE Dr. JUSTICE P.DEVADASS Contempt Petition No.2332 of 2015 L. Devan Petitioner vs.

Mr. Ramamoorthy Revenue Divisional Officer Dharmapuri Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for wilful disobedience of the order dated 24.07.2015 passed in W.P.No.22262 of 2015.

For petitioner Mr. S. Doraisamy For respondent Mr.N.Sakthivel, G.A.

ORDER

(delivered by SATISH K.AGNIHOTRI, J.) By this petition, the petitioner seeks an action against the alleged contemnor / respondent for deliberate non-compliance of the order dated 24 July 2015 passed in W.P.No.22262 of 2015.

While disposing of the aforesaid writ petition, this Court passed the following order :

"5.

The community certificate issued by the competent authority in favour of the petitioner is not doubted.

The other competent authority, while considering the application for the grant of similar community certificate to the children, has no competence to ignore the proper certificates issued in favour of the parents of the children, unless the same is set aside or modified by the higher authority, i.e., the State Level Scrutiny Committee. If the competent authority has any doubt about the genuineness of the community certificate, the only course open to the competent authority is to refer the same to the State Level Scrutiny Committee and not to take contrary stand, without appropriate order passed by the State Level Scrutiny Committee.

6.

For the reasons stated above, the impugned order dated 21 April 2014 is quashed and we direct the respondent to issue necessary community certificates to the children of the petitioner forthwith, preferably within a period of one week from the date of receipt of copy of this order. The writ petition stands disposed of accordingly. No costs."

In the aforestated order, it was clearly observed that in the event, there is any doubt about genuineness of the community certificate issued in favour of the petitioner, the matter be referred to the State Level Scrutiny Committee for appropriate orders. Otherwise, the petitioner's children were entitled to community certificate to be issued within a period of one week.

It is stated by the learned Government Advocate that on a misunderstanding of the aforesaid order, though the matter was referred to the State Level Scrutiny Committee for verification of the certificate issued in favour of the petitioner, however, the petitioner's application was rejected.

Admittedly, rejection of the petitioner's application was not in accordance with the observation made by this Court in the writ petition. On realising the mistake made by the respondent, it is submitted that the rejection order dated 28th September 2015 has been recalled by the subsequent order dated 18th November 2015. The State Level Scrutiny Committee, taking cognizance of the reference made by the respondent, had initiated enquiry in respect of the certificate issued in favour of the petitioner. Thus, the respondent be forgiven for misunderstanding of the purport of the order dated 24 July 2015.

Since the order dated 28 September 2015 rejecting the petitioner's application has been recalled, awaiting the decision of the State Level Scrutiny Committee, as aforesaid, no case has been made out for contempt. Accordingly, the contempt petition is closed. However, we deem it fit and proper to direct the State Level Scrutiny Committee to take decision expeditiously in respect of issue of necessary community certificates to the petitioner's children. It is directed accordingly. cad 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/09/12/2015 One CC M/s.S.Doraisamy, Advocate Sr.No.14523 To The Revenue Divisional Officer Dharmapuri Dharmapuri District