Madras High CourtCONT P/2780/2015closed

S.Shivaprakasham v. Tamilselvi

2016-04-12Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 12.04.2016

CORAM

THE HON'BLE MR.JUSTICE M.SATHYANARAYANAN Cont.P.No.2780 of 2015 S.Shivaprakasham ..

Petitioner Vs.

Ms.Tamilselvi The Tahsildar Uthukottai, Tiruvallur District.

Respondent Prayer:- Contempt Petition filed under Section 11 of the Contempt of Courts Act, seeking to punish the respondent for having committed wilful contempt of the direction issued by this Court in the order dated 07.07.2015 passed in W.P.No.19887 of 2015.

For Petitioner : Mr.P.Rajkumar Pandian For Respondent : Mrs.P.Kavitha, Government Advocate

O R D E R

Heard the submissions of the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent, who has produced the proceedings of the Tahsildar, Oothukottai in Na.Ka.7761/2014/Aa1 dated 01.04.2016, in and by which the order passed by this Court has been complied with.

2. However, learned counsel appearing for the petitioner would vehemently contend that the said order is quite contrary to the earlier report of the very same official and urge before this Court to hear the matter on merits.

3. It is a well settled position of law that this Court, in exercise of it's contempt jurisdiction, cannot test the legality of the order which has been passed in compliance of the order passed by this Court, which merely directed the concerned official to dispose of the petitioner's representation on merits. However, taking into consideration of the fact that the Tahsildar, Oothukottai, in-turn has placed reliance on reference Nos.5, 9 and 10, the said official is directed to forward a copy of the order issued, to the petitioner within a period of two weeks from the date of receipt of a copy of this order and the petitioner is also at liberty to challenge the legality of the order dated 01.04.2016 in accordance with law, if he is so advised.

4. This Contempt Petition is closed with the above observations. The proceedings of the Tahsildar, Oothukottai

in Na.Ka.7761/2014/Aa1 dated 01.04.2016 is taken on file and recorded.

jvm SD/- DEPUTY REGISTRAR(OS) //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.

SMI/CO/25/04/2016 One CC to Mr.P.Rajkumar Pandian, Advocate, SR.4891 One CC to the Government Pleader, SR.4782 To The Tahsildar Uthukottai, Tiruvallur District.