I.Ismail v. N. Raman

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Dr.I.Ismail ... Appellant Vs.

1.N.Raman 2.The Inspector General of Registration, Department of Registration, Chits and Societies, 100, Santhome High Road, Pattinapakkam, Chennai.

... Respondents PRAYER: Letters Patent Appeal filed under Clause 15 of Letters Patent, praying to set aside the order passed in Contempt Petition No.636 of 2024 dated 05.07.2024 and dismiss the Contempt Petition. For Appellant : Mr.V.Raghavachari, Senior Counsel for Mr.A.E.Lakshmi Narayanan

JUDGMENT

(Order of the Court was made by M.S.RAMESH, J.) The order against which the present LPA has been filed, is an order of adjournment simpliciter.

2. The appellant seems to be aggrieved against certain observations touching upon the competence of the Special Officer to initiate criminal action under the Act and Rules.

3. By referring to the order passed by the Hon'ble Co-ordinate Bench of this Court in W.A.No.2213 of 2023 etc. batch, dated 26.09.2023, the learned Senior Counsel appearing for the appellant submitted that the observations therein that the Special Officer may not be empowered to conduct an inquiry, is contrary to the observations made in the docket order of the Contempt Petition by the learned Single Judge that the Special Officer is competent to initiate action and hence requires interference.

4. On perusal of the order of adjournment dated 05.07.2024 passed

in Cont.P.No.636 of 2024, it is not clear as to whether the Writ Appeal order of Co-ordinate Bench dated 26.09.2023 was brought to the notice of the learned Single Judge. Even otherwise, it would not be appropriate for us to appreciate such a submission, but rather, it would be desirable that such a ground be raised before the learned Single Judge in the Contempt Petition, which is pending.

5. Since the order put under challenge in this LPA is only an order of adjournment and the appellant can always seek for any clarifications from the learned Single Judge, we are not inclined to entertain this LPA. Accordingly, this Letter Patent Appeal stands closed. [M.S.R., J] [S.M., J] 19.07.2024 Index: Yes/No Speaking/Non-speaking order Internet: Yes/No Sni

M.S.RAMESH, J.

and SUNDER MOHAN , J.

Sni To The Inspector General of Registration, Department of Registration, Chits and Societies, 100, Santhome High Road, Pattinapakkam, Chennai.

19.07.2024