Madras High CourtCONT P/1210/2024dismissed

Murugan. M v. S.Jayachanthiran

2024-07-23Honourable Mr Justice Battu Devanand4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2024

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Murugan. M ... Petitioner Vs.

S. Jayachanthiran ... Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent herein for contempt of disobeying this Court order dated 27.06.2023 passed in W.P. No. 28201 of 2021 to secure the ends of justice.

For Petitioner : Mr. T. Sathya Narayanan for Mr. P. Vimal Raj For Respondent : Mr. J. Ravindran, Senior Counsel for Mr. K. Sathish Kumar, Standing Counsel

O R D E R

This Contempt Petition has been filed complaining wilful disobedience on the part of the respondent in implementing the order dated 27.06.2023 in W.P. No. 28201 of 2021.

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2. While disposing the writ petition, this Court directed the second respondent therein to dispose of the appeal filed by the petitioner on 10.06.2007 within a period of four weeks from the date of receipt of copy of that order, if, that appeal is not yet disposed of. Complaining that the appeal is not disposed of by the respondent, the present contempt petition has been filed.

3. Mr. J. Ravindran, the learned Senior Counsel appearing for the respondent filed a compliance report and submits that there is no appeal pending before the respondent to dispose of within the time stipulated by the Court. However, the respondent called the petitioner for enquiry and after verifying the record, confirmed the dismissal order dated 27.05.2024 and the same has been communicated to the petitioner through the registered speed post.

4. Learned counsel for the petitioner could not produce any evidence to show that the appeal filed by them on 10.06.2007 before the respondent.

5. In the absence of any proof to show that the appeal is filed on 10.06.2007, the Court is left with no other option to accept the 2/4

contentions of the respondent that no appeal is pending before them. However, it appears that now taking representation from the petitioner dated 25.07.2023, enquiry was conducted and order dated 27.05.2024 was passed by the respondent confirming the dismissal order dated 19.11.2006.

6. Learned counsel for the petitioner submits that against the order of the Appellate Authority, the petitioner filed a revision before the Managing Director of Tamil Nadu State Marketing Corporation Limited.

7. In view of the above factual position, in our considered opinion, there is no wilful disobedience of the order of this Court by the respondent.

8. Accordingly, this Contempt Petition is dismissed.

9. There shall be no order as to costs.

23.07.2024 Index :Yes/No AT 3/4

BATTU DEVANAND,J.

AT 23.07.2024 4/4