E.Chitra v. B.Priyanka Pankajam I.A.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.08.2019 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN Contempt Petition No.1295 of 2019 E.Chitra ... Petitioner Vs.

B.Priyanka Pankajam I.A.S., The Sub-Collector/Assistant Collector/ Sub-Divisional Magistrate, Tirupattur, Vellore District - 635 601 ... Respondent Contempt Petition filed under Section 11 of the Contempt of Court Act, praying to punish the respondent herein for disobedience of the order passed by this Court in W.P.No.28695 of 2018 dated 31.10.2018.

For Petitioner : M/s.T.Nithya For Respondent : Mr.V.Shanmuga Sundar Special Government Pleader

O R D E R

(The order of the Court was made by R.SUBBIAH,J.) The present Contempt Petition has been filed by petitioner alleging non-compliance of the order of this Court passed in W.P.No.28695 of 2018 dated 31.10.2018, in which this Court directed as follows:

"Since the scope of the prayer is very limited, we are not traversing into the merits of the claim. However, a simple direction to the second respondent

to consider the application of the petitioner would suffice. Accordingly, the second respondent/Sub Collector/Assistant Collector/Sub Divisional Magistrate, Tirupattur, Vellore District is directed to consider the application of the petitioner for issuance of Kurumans (ST) community certificate on merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court and it is for the second respondent to consider the application of the petitioner on its own merits. The writ petition is disposed of accordingly. No costs".

2. Heard the learned counsel for petitioner and the learned Special Government Pleader appearing for the respondent.

3. Today, when the Contempt Petition is taken up for consideration, learned counsel for the petitioner as well as learned Special Government Pleader appearing for the respondent submitted that the above said order of this Court had been complied with by the respondent herein. It is further submitted by the learned Special Government Pleader that the said representation was considered and that enquiry was conducted and order has been passed by rejecting the application of the petitioner for issuance of Kurumans (ST) Community Certificate. In proof of which, a

copy of the order dated 26.07.2019 passed by the respondent herein has been produced before this Court. This Court also gone through the same.

4. Since the said order of this Court had been complied with by the respondent, nothing further survives for consideration in this Contempt Petition, which is accordingly closed. However, liberty granted to the petitioner to file an appeal as against the above order of rejection and seek necessary reliefs, if he is so advised, in the manner known to law. No costs.

SD/- ASSISTANT REGISTRAR(OS-II) dpq //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

To The Sub-Collector/Assistant Collector/ Sub-Divisional Magistrate, Tirupattur, Vellore District - 635 601