G.Rajasekar v. Dr. G.Selvaraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16..08..2021

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN Contempt Petition No.663 of 2021 G.Rajasekar, No.13, Mariamman Koil Street, Poraiyur, Villianur, Puducherry 605 110 ... Petitioner/Respondent .. Vs ..

Dr.G.Selvaraj, Director, Animal Husbandry & Animal Welfare Department, Puducherry.

... Respondent/3rd Petitioner Prayer :- Petition is filed under Section 11 of The Contempt of Courts Act, 1971, praying to punish the respondent in accordance with law for willful disobedience and for non-compliance of the order of this Hon'ble court dated 07.01.2021 made in W.P.No.22977 of 2018. For Petitioner : Mr.C.Samivel For Respondent : Mr.Mr.Syed Mustafa, Special Government Pleader (Puducherry) 1 / 3

ORDER

[Order of the Court was made by M.M.SUNDRESH,J.] Alleging that the order dated 07.01.2021 made in W.P.No.22977 of 2018 has not been complied with, the present contempt petition has been filed.

2. When the contempt petition is taken up today for hearing, the learned Special Government Pleader appearing for the respondent, on instructions, submitted that order under contempt has been complied with by the respondent on 07.07.2021. The learned counsel appearing for the petitioner however submitted that further promotion has not been given.

3. As rightly submitted by the learned Special Government Pleader, the said grievance would not constitute violation of the order passed as it creates separate cause of action. If the petitioner wants, he can workout his remedy in the manner known to law. We have perused the order of the Division Bench. We find that there was no positive direction given. In such view of the matter we do not find any willful disobedience of the order passed. The contempt petition stands closed accordingly with liberty to the petitioner to workout his remedy in the manner known to law, if so advised. The learned Special Government Pleader is directed to serve a copy of the proceedings issued in tune with the order under contempt on the learned 2 / 3

counsel for the petitioner within a period of two weeks from the date of receipt of a copy of this order.

SD/- ASSISTANT REGISTRAR(COMM.CASES) kmk //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

To The Director, Animal Husbandry & Animal Welfare Department, Puducherry.

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