Madras High CourtCONT P/1583/2023closed

U.Umarani v. K.Shanthi Ias

2023-11-01Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 01.11.2023 Coram:

The HON'BLE MR. JUSTICE N.SATISH KUMAR U.Umarani ..

Petitioner Vs.

K.Shanthi, I.A.S., District Collector/ Inspector of Panchayat, Dharmapuri-636 705.

Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent herein for willfully disobeying the order passed by this Court dated 07.02.2023 made in W.P.No.34874 of 2022.

For Petitioner : Mr.J.Bharathiraja For Respondent :Mr.N.Naveen Kumar, GA

O R D E R

Heard Mr.J.Bharathiraja, learned counsel for the petitioner and Mr.N.Naveen Kumar, learned Government Advocate for the respondent.

2. This Contempt Petition has been mainly filed by the petitioner stating that the order passed by this Court in W.P.No.34874 of 2022 dated 07.02.2023 has not been complied with. This Court, while passing the order, directed the District Collector to restore the power of cheque signing to the President as per the statute. It also held that if the Vice President does not co-operate with the President, the Collector can very well nominate any other person along with the President to exercise the power for signing the cheque and further, it was made clear that if any dispute cropped up between the President and the Vice President, the Collector can decide the issue on its own merits and pass a final order.

3.The learned Government Advocate has produced the written instructions of the respondent before this Court, which indicates that the dispute between the President and the Vice President is lingering and they are not co-operating with each other. In view of such dispute, the activities of the Panchayat has been stalled and therefore, the District Collector had passed orders, authorizing the Block Development Officer and Zonal Deputy Block Development Officer to sign the cheques. In view of

the action taken by the District Collector, Dharmapuri through his proceedings in Na.Ka.No.1553/2023/A2 dated 20.10.2023, I do not find any wilful disobedience on the part of the respondent. Hence, the Contempt Petition stands closed.

01.11.2023 Index:Yes/No Order : Speaking / Non Speaking NCC : Yes/No DP To The District Collector/ Inspector of Panchayat, Dharmapuri-636 705.

N.SATISH KUMAR.J, DP 01.11.2023