D.Vasanthi v. C.Ravichandran And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH in Contempt Petition No.2900 of 2022 D.Vasanthi W/o.S.Vaithiyanathan

...Petitioner

Vs 1.Mr.C.Ravichandran The Revenue Divisional Officer, Office of the Revenue Divisional Officer, District Collectorate Office, Villupuram - 605 103.

2.Mr.R.Vasantha Krishnan The Tahsildar, Taluk Office - Tindivanam, Bazar Road, Tindivanam - 604 001.

Villupuram District.

... Respondents PRAYER : Sub-Application filed under Section 151 of the Code of Civil Procedure, 1908, praying to allow this application to re-open the Contempt Petition No.2900 of 2022 in W.P.No.27598 of 2019 having closed on 03.03.2023 vide order dated 03.03.2023 for further adjudication and enquiry and passing orders to punish the respondents herein u/s.11 of the Contempt 1/4

of Courts Act, 1971, for their deliberate, willful disobedience of the order of this Court dated 17.03.2020 passed in W.P.No.27598 of 2019. For Petitioner : Mr.C.Samadharma Arasu For Respondents : Mr.C.Selvaraj, Additional Government Pleader *****

O R D E R

The sub-application was filed on the ground that this Court was misled to close the contempt petition by an order dated 03.03.2023 by giving an impression that the Sub-Collector has issued proceedings dated 02.03.2023. Recording the same, the contempt petition was closed. According to the learned counsel for the petitioner, such proceedings were never issued by the Sub-Collector.

2. When the matter came up for hearing on 09.06.2023, this Court passed the following order in the sub-application: "Sub Application is filed on the ground that the proceedings dated 02.03.2023 that was taken note of by this Court while closing the contempt, is not available and according to the learned counsel for the petitioner, no such order has been passed.

2. The learned Additional Government Pleader shall take 2/4

instructions before the next date of hearing and the proceedings of the Sub Collector dated 02.03.2023 shall be furnished to the learned counsel for the petitioner.

3. Post this case under the caption "for reporting compliance" on 16.06.2023."

3. When the matter was taken up for hearing today, learned Additional Government Pleader submitted that through proceedings dated 12.04.2021, the Sub-Collector has already decided the application submitted by the petitioner and the same was done in obedience to the order passed by this Court in W.P.No.27598 of 2019 dated 17.03.2020. The proceedings were also placed before this Court.

4. Learned Additional Government Pleader submitted that the communication dated 02.03.2023 was actually the written instructions given by the Tahsildar to the learned Additional Government Pleader and it was not a proceeding as was stated before the Court. To substantiate the same, a copy of the communication dated 02.03.2023 made by the Tahsildar to the learned Government Advocate was also placed before this Court. N.ANAND VENKATESH, J 3/4

gm

5. Learned counsel for the petitioner submitted that the petitioner has not received the proceedings dated 12.04.2021 of the Sub-Collector, Tindivanam. On the contrary, learned Additional Government Pleader submitted that a copy of the order has already been sent to the petitioner and it was received by her.

6. A copy of the proceedings dated 12.04.2021 shall be furnished to learned counsel for the petitioner. If, after going through the proceedings, the petitioner has any grievance, it is left open to the petitioner to challenge the same in the manner known to law.

This sub-application is disposed of accordingly. 20.06.2023 Index : Yes/No Speaking order:Yes/No gm 4/4