S.Deiveegan v. Haridas

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.11.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN S. Deiveegan, Mugaiyur and Post, Kandachipuram Taluk, Villupuram District ... Petitioner Vs Mr.Haridas, The Revenue Divisional Officer, Tirukoilur, Villupuram District.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the respondent for wilful disobedience of the order passed by this Court dated 14.12.2018 made in W.P.No.33055 of 2018. For Petitioner : Ms. T. Gandhi For Respondent : Mr.A.Selvendran Government Advocate

O R D E R

This contempt petition has been filed to punish the respondent for wilful disobedience of the order dated 14.12.2018 passed in W.P.No. 33055 of 2018 by this Court.

1/3

2. This court passed order dated 14.12.2018 in W.P.No.33055 of 2018, thereby directed the respondent to consider the representation of the petitioner dated 16.12.2017 and pass orders within a period of five weeks.

3. Though the copy of the order was made ready on 14.10.2018, the petitioner applied for certified copy of the order only on 24.01.2019. However, the present contempt petition has been filed only on 29.03.2021. The contempt petition ought to have been filed within a period of one year from the date on which, the contempt is alleged to have been committed under Section 20 of the Contempt of Courts Act. It is relevant to extract the provisions under Section 20 of the Contempt of Courts Act, hereunder:- "Section 20 : Limitation for actions for contempt : No Court shall initiate any proceeding for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which, the contempt is alleged to have been committed."

Therefore, the contempt petition is barred by limitation and it is liable to be dismissed.

5. In view of the above, the Contempt Petition stands dismissed. However, the petitioner is directed to submit a fresh representation to the respondent within a period of two weeks from today and on receipt of the 2/3

same, the respondent is directed to consider the same and pass orders on merits and in accordance with law.

SD/- ASSISTANT REGISTRAR(COMM.CASES) lpp //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/25/11/2021 To The Revenue Divisional Officer, Tirukoilur, Villupuram District, 3/3