M.Subramaniyam v. K.K.S.S.R.Ramachandran And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE P.B.BALAJI M.Subramaniyam

...Petitioner

-Vs1. K.K.S.S.R.Ramachandran Secretary to Government, The Government of Tamil Nadu,

2. Dr.V.Jayachandra Bhanu Reddy, District Collector, Krishnagiri District, Krishnagiri.

3. Saravana Murthy, Tahsildar, ... Respondents Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for the violation and disobedience of the order passed in W.P.No.14896 of 2018 dated 04.07.2022.

For Petitioner : Mr.M.P.Saravanan For Respondents : Mr. V.Arun Additional Advocate General Asst. by Mrs.Meera Arumugam Additional Government Pleader

O R D E R

This Contempt Petition has been filed for the alleged disobedience and violation of the order dated 04.07.2022 passed by this Court in W.P.No.14896 of 2018.

2.

It is seen from the contempt petition that three respondents are cited as contemnors viz., 1. K.K.S.S.R.Ramachandran, Secretary to Government, The Government of Tamil Nadu, Revenue Department, Secretariat, Chennai - 600 009; 2. Dr.V.Jayachandra Bhanu Reddy, District Collector, Krishnagiri District, Krishnagiri; 3. Saravana Murthy, Tahsildar, Denkanikkotai Taluk, Krishnagiri District. However in the order passed by this Court on 04.07.2022 in W.P.No.14896 of 2018, the array of the respondents is as follows :-

1. The Government of Tamil Nadu, rep. by its Secretary to Government,

2. The District Collector,

3. The Tahsildar, 3.

It is not known how the name of the sitting Minister who happens to be the Minister for Revenue Department, has been shown in individual capacity as if he is the Secretary to Government, Revenue Department. It is equally baffling that the Registry has numbered the contempt petition without following the rules & procedure specifically prescribed for numbering contempt petitions.

4.

The learned counsel appearing for the petitioner would submit that he has cited only one respondent in the contempt petition, since the order in the Writ Petition has given directions to only one of the respondents.

5.

However on going through the records, it is seen that the Order in W.P.No.14896 of 2018 dated 04.07.2022 is the one complained in the present contempt petition. In the said order, a direction has been given to all the respondents. However, be that as it may, the contempt

petition as filed can not be maintained when, a Minister is shown as Secretary to Government, Government of Tamil Nadu, Revenue Department.

6.

For the above reasons, the contempt petition is dismissed. However, liberty is granted to the petitioner to file an appropriate contempt petition showing the correct parties in the array of respondents. Registry is also hereby cautioned to take extreme care while processing and numbering contempt petition hereafter and this kind of mistake, which causes serious embarrassment to persons holding high posts, should be avoided.

21.06.2023 Internet: Yes Index : Yes/No Speaking/Non Speaking order rts

To

1. The Secretary to Government, Government of Tamil Nadu,

2. The District Collector,

3. The Tahsildar,

P.B.BALAJI. J, rts 21.06.2023