Madras High CourtCONT P/89/2018withdrawn dismissed

Mrs. Kalaiselvi v. Mrs.G. Padmavathy

2018-03-27Honourable Mr Justice M.V. Muralidaran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2018 Coram THE HONOURABLE MR. JUSTICE M.V.MURALIDARAN Cont. Petition No.89 of 2018 Kalaiselvi ... Petitioner vs Mrs.G.Padmavathy, Learned Judicial Magistrate, Thirukoiloor, Villupuram District.

... Respondent Prayer : Contempt petition filed under section 11 of the Contempt of Court Act 1971, praying to punish the respondent for committing contempt of Court by disobeying the order dated 06.09.2016 in C.M.P.No.9457 of 2016 in Crl.R.c.No.1090 of 2016.

For petitioner : Mr.S.Raja Babu For Respondent : No appearance

O R D E R

The contempt petition has been filed against the learned Judicial Magistrate, Thirukoiloor, Villupuram

District as against the order passed in C.M.P.No.9457 of 2016 in Crl.R.C.No.1094 of 2016 by this court, granting interim stay on 06.09.2016.

2. This contempt is not maintainable as against any Judicial Officer pursuant to the order passed by this Court. As the contempt is filed on wrong advice, the learned counsel for the petitioner seeks permission of this Court to withdraw this contempt petition. Permission is granted. He has also made an endorsement to that effect.

3. In view of the endorsement made by the learned counsel for the petitioner, this contempt petition is dismissed as withdrawn.

4. Further, the learned Judicial Magistrate, Thirukoiloor is directed to proceed with the case pending before her, without considering the observation made in the order passed in this contempt petition.

5. The Registrar General, Madras High Court, Madras, is directed to issue suitable direction to the registry not to number any contempt filed against any judicial officers based on the orders passed by this Court, since the order

has been passed by the Hon'ble Judges of this Court is only a directive and no contempt will lie against any judicial officers.

SD/- ASSISTANT REGISTRAR(COMM.CASES) vs/vum //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

CO/10/04/2018 one cc to M/s. Raji and Rajan,SR.No.5027.

To 1.The Judicial Magistrate, Thirukoiloor, Villupuram District.

2. The Registrar General High Court Madras,