Madras High CourtCONT P/2602/2015closed

P.Murugesan v. Sybudhin

2016-01-06Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.01.2016

CORAM

THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN Cont.P.No.2602 of 2015 P.Murugesan ..

Petitioner Vs.

Sybudhin, Tahsildar, Tahsildar Office, Udumalpet Taluk, Tiruppur District.

Respondent Prayer:- Contempt Petition filed under Section 11 of the Contempt of Courts Act, seeking to punish the respondent for his willful disobedience of the order of this Court dated 17.04.2015 made in W.P.No.9883 of 2015 and punish the respondent in accordance with law.

For Petitioner : Mr.S.Prasath For Respondent : Mrs.P.Kavitha, Government Advocate

O R D E R

This Court, vide order dated 17.04.2015 made in W.P.No.9883 of 2015, has directed the respondent to implement it's order dated 04.03.2015 and alleging contempt, the present petition is filed.

2. The learned Government Advocate has filed a counter affidavit and would submit that subsequently the very same official has passed another order dated 31.03.2015 in Moo.Mu.10743/2014/A2 referring to his earlier order dated 09.03.2015, modifying the same and it was also received by https://hcservices.ecourts.gov.in/hcservices/ the petitioner and on 04.04.2015, the writ petition has been filed.

3. However, the learned counsel appearing for the petitioner has disputed the said fact and would submit that only after passing final orders in the writ petition, the order dated 31.03.2015 has been communicated to him and wants to make his submission on the merits of the said communication.

4. In the considered opinion of the Court, this Court, in exercise of contempt jurisdiction, cannot go into the legality or otherwise of the subsequent order of the respondent dated 31.03.2015.

5. Hence, this Contempt Petition is closed and the petitioner is at liberty to challenge the order of the respondent/contemnor dated 31.03.2015 in accordance with law. The proceedings of the respondent dated 31.03.2015 in Moo.Mu.10743/2014/A2 is placed on record.

jvm SD/- DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2016. 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/20/01/2016 To Mr.Sybudhin, Tahsildar, Tahsildar Office, Udumalpet Taluk, Tiruppur District.

https://hcservices.ecourts.gov.in/hcservices/