R.Kamatchi v. T.Dhiyadharshini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Kamatchi, Arunthathiyar Street, Somana Halli Post, Palacode Taluk, Dharamapuri District ..Petitioner Vs.

1.T.Dhiyadharshini, The District Collector, Dharmapuri District, Dharmapuri 2.Kannan, The Special Thasildhar(Adhi Dravidar Welfare), Dharmapuri District, Dharmapuri ..Respondents PRAYER:

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for having deliberately, willfully and intentionally flouted the order of this Court passed in WP.No.36707 of 2016 dated 20.10.2016.

For Petitioner : Mr.M.Vijay Anand For Respondents : Mr.M.R.Gokul Krishnan, Government Advocate 1/4

ORDER

This contempt petition has been filed for non compliance of the order passed by this Court dated 20.10.2016 in WP.No.36707 of 2016, thereby directed the respondents to act on the petitioner's representation dated 19.09.2016 seeking free house site patta, on merits and in accordance with law within a period of four months from the date of receipt of copy of the order.

2. However, the petitioner approached this Court after period of nearly five years from the date of order passed by this Court. The explanation for the delay is not acceptable. Therefore, the contempt petition itself is barred by limitation as per Section 20 of the Contempt of Courts Act, 1971. It is relevant to extract Section 20 of the Contempt of Courts Act, 1971 hereunder:

20.Limitation for actions for contempt-No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed.

3. The petitioner ought to have filed contempt petition within a period of one year from the date on which the contempt is alleged to have been committed. Therefore, the contempt petition is barred by limitation and the 2/4

same is dismissed.

4. However, the petitioner is at liberty to send fresh representation before the second respondent within a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the second respondent is directed to consider the same and pass orders on merits and in accordance with law.

SD/- ASSISTANT REGISTRAR(COMM.CASES) lok //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/21/01/2022 To

1. The District Collector, Dharmapuri District, Dharmapuri

2. The Special Thasildhar(Adhi Dravidar Welfare), Dharmapuri District, Dharmapuri 3/4