R.Bhuvaneswari v. D.Karthikeyan, Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 11-07-2018
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN CONTEMPT PETITION No.1493 OF 2016 Mrs.R.Bhuvaneswari ...
Petitioner -vs1.Dr.D.Karthikeyan, I.A.S., District Collector, Salem District.
2.S.Ashokan, Tahsildar, Athur Taluk, Salem.
...
Respondents Petition under Section 11 of the Contempt of Courts Act, to punish the respondent for wilfully disobeying the order, dated 05.06.2014, passed by this Court in W.P.No.14430 of 2014.
For petitioner : Mrs.V.Srimathi For respondent : Mr.C.Thirumaran, Spl.Govt.Pleader.
O R D E R
The petitioner, alleging wilful disobedience and violation of the order passed by this Court in W.P.No.14430 of 2014, dated 05.06.2014, has filed this petition for contempt.
2. Heard Mrs.V.Srimathi, learned counsel for the petitioner, and Mr.C.Thirumaran, learned Special Government
Pleader, appearing for the respondents.
3. It is represented that the order, which is the subject matter of contempt, has been complied with vide the proceedings of the Revenue Tahsildar, Attur, dated 12.08.2016, in Na.Ka.No.3197/2016/A2. A supporting affidavit of the second respondent, dated 20.02.2018, has also been filed. The said documents are taken on file and placed on record.
4. Learned counsel for the petitioner would submit that admittedly, the order has been belatedly complied with, for which, there is no explanation from the respondents and she also prays for liberty to challenge the said order in accordance with law.
5. Conversely, the learned Special Government Pleader, appearing for the respondents, would submit that in view of the pendency of civil proceedings, the request made by the petitioner cannot be considered and that the delay in passing orders in the facts and circumstances cannot be considered either wilful or wanton.
6. This Court has considered the rival submissions and also perused the materials available on record. In the light of the proceedings of the Revenue Tahsildar, Attur, dated 12.08.2016, in Na.Ka.No.3197/2016/A2, nothing remains for adjudication in this Contempt Petition, which is, accordingly, closed.
However, if the pettioner is so advised, she is at liberty to challenge the said proceedings in accordance with law before the competent forum. No costs.
SD/- ASSISTANT REGISTRAR(COMM.CASES) dixit //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
Ps/24/08/2018 To 1.The District Collector, Salem District.
2.The Tahsildar, Athur Taluk, Salem.