K.Jagannathan v. Pradeep Yadav Ias And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.08.2023

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE K. Jagannathan ... Petitioner Vs.

1.Thiru.Pradeep Yadav, I.A.S., The Principal Secretary to Government, Highways and Minor Ports (HL-1) Dept.

Secretariat, Fort St. George, Chennai - 600 009.

2.Thiru.Kumar, The Director General, Highways Department, Chepauk, Chennai - 600 005, Now at Guindy, Chennai - 600 025.

... Respondents Prayer : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents for wilful disobedience of the order of this Court made in WP.No.28735 of 2022 dated 01.11.2022. For Petitioner : M/s.Malarvizhi For Respondents : Mr.P. Sathish, Additional Government Pleader 1/4

ORDER

The learned Additional Government Pleader appearing for the respondents has placed before this Court the communication dated 19.07.2023 received by him from the Director General of Highways Department, informing him that the representation of the petitioner which is the subject matter of this Contempt Petition, has been considered and rejected. Along with the communication dated 19.07.2023 received by the Government Pleader's Office, the proceedings of the respondent dated 19.07.2023 has also been placed on record.

2. As seen from the said proceedings, the representation of the petitioner has been considered pursuant to the directions given by this Court in WP.No.28735 of 2022.

3. However, the learned counsel for the petitioner would submit that the representation has been mechanically considered by the respondent.

4. As seen from the order dated 01.11.2022 passed in WP.No.28735 of 2022, which is the subject matter of this Contempt Petition, no positive direction was issued by this Court.

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5. The scope of the Contempt Petition is restricted only to the directions given by this Court. When a positive direction has not been given, the merits of the dispute raised in the petitioner's representation cannot be decided by this Court in this Contempt Petition. If the petitioner is aggrieved by the orders passed by the respondent pursuant to his representation, which is the subject matter of this Contempt Petition, his remedy is to challenge the same in the manner known to him under law.

6. Since the respondent has complied with the directions of this Court, no further directions can be issued in this Contempt Petition and accordingly, the same stands closed. However, liberty is granted to the petitioner to challenge the order dated 19.07.2023 passed by the respondent, in the manner known to him under law.

18.08.2023 Index: Yes/ No Speaking/Non-speaking order Internet: Yes/No Sni 3/4

ABDUL QUDDHOSE, J.

Sni 18.08.2023 4/4