A.Shrimanikandan v. Kranthi Kumar Pati, I.A.S.,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.1211 of 2024 in W.P.No.626 of 2023 A.Shrimanikandan .. Petitioner vs.
Mr.Kranthi Kumar Pati, IAS The District Collector 7/1, State Bank Road Gopalapuram coimbatore 641 018.
.. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for his willful disobedience in not complying with the order dated 20.04.2023 passed by this Court in W.P.No.626 of 2023. For Petitioner : Mrs.T.Sudha Gandhi For Respondent : Mrs.S.Anitha Special Government Pleader
ORDER
The contempt petition was filed on the ground that the order passed by this Court in W.P.No.626 of 2023 dated 20.4.2023, was not complied with. 2.When the matter came up for hearing on 07.06.2024, this Court passed the following order:
Today, the matter is listed under the caption 'for reporting compliance'.
2.The learned Additional Government Pleader appearing on behalf of the respondent submitted that the enquiry was conducted by the Block Development Officer, Kinathukadavu and a report has already been submitted to the District Collector, Coimbatore on 30.5.2024. A copy of the report was also placed before this Court. The learned Additional Government Pleader submitted that since the report has been submitted by the respondent, the respondent will take a decision within a period of two weeks and report the same before this Court.
3.Post this case under the same caption on 28.6.2024 at 2.15 pm. 3.The case was once again listed for hearing on 01.07.2024 and on that day, the following order was passed by this Court: When the matter was taken up for hearing today, the report of the District Collector, Coimbatore was filed along with the copy of the show cause notice dated 25.06.2024 that was issued to the President of the panchayat.
2.On carefully going through the report submitted by the District Collector, Coimbatore, it is seen that there were nearly 14 complaints given against the President of the panchayat and whereas, the show cause notice has now been given only with respect to two complaints. This decision was taken by the District Collector based on the report that was submitted by the Block Development Officer. 3.There shall be a direction to produce the communication dated 11.06.2024 made by the District Collector, Coimbatore to the Block Development Officer and also the report of the Block Development Officer that was submitted to the District Collector, Coimbatore.
4.Post this case under the same caption on 15.07.2024 at
02.15 PM.
4.The case was again listed on 15.07.2024 and this Court passed the following order:
When the matter was taken up for hearing today, the learned Special Government Pleader produced the entire file containing the complaint given by the writ petitioner, the communication dated 11.06.2024 made by the District Collector to the BDO calling for a report and also the report of the BDO dated 20.06.2024 addressed to the District Collector, Coimbatore. The learned Special Government Pleader shall file by way of typed set of papers which shall contain the complaint given by the writ petitioner, communication dated 11.06.2024 made by the District Collector to the BDO and also report of the BDO dated 20.06.2024 submitted before the District Collector. A copy of the same shall be served to the learned counsel for the petitioner. The learned counsel for the petitioner shall go through the same and make her submissions.
Post this case on 31.07.2024.
5.When the matter was taken up for hearing today, the typed set of papers filed by the Special Government Pleader along with the other relevant documents was placed before the Court. A copy of the same was also served on the learned counsel for the petitioner. The petitioner has filed his reply for the so called action taken by the authorities. The reply is accompanied with additional typed set of papers which contains various documents that are relied upon by the petitioner. 6.In the considered view of this Court, there is a very limited scope in a contempt jurisdiction and the Court cannot go into the merits of the case and deal
with the same. Certainly, the pattern in which the matter has been dealt with clearly shows that all attempts have been made to save the President of the Panchayat. However, that is not an issue that can be gone into in the contempt petition.
7.In the light of the above, this contempt petition is closed and liberty is granted to the petitioner to workout his remedy in accordance with law. 31.07.2024 Internet:Yes Index: Yes/No Speaking Order/Non-Speaking Order KP
To Mr.Kranthi Kumar Pati, IAS The District Collector 7/1, State Bank Road Gopalapuram coimbatore 641 018.
N. ANAND VENKATESH, J.
KP Contempt Petition No.1211 of 2024 in W.P.No.626 of 2023 31.07.2024