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Madras High CourtCONT P/1948/2023closed

S.Sekar v. K.Karalmarx

2023-09-12Honourable Mr Justice S.M. Subramaniam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM in W.P.No.2089 of 2023 S.Sekar ... Petitioner Vs.

Mr.K.Karalmarx, The Tahsildar, Office of the Tahsildar, Thiruthuraipoondi, Thiruvarur District.

... Respondent Prayer: Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, 1971, pleased to punish the respondent for his willful disobedience to comply with the order of this Court order dated 17.04.2023 made in W.P.No.2089 of 2023.

For Petitioner : Mr.B.Sarath Raj For Respondent : Mr.E.Sundaram Government Advocate

O R D E R

The Contempt Petition has been filed to punish the respondent for disobedience of the order dated 17.04.2023 passed in W.P.No.2089 of 2023. This Court directed the respondents to consider the representation submitted by the writ petitioner on 14.06.2022 and passed order on merits and in accordance with law.

2. The learned Government Advocate appearing on behalf of the respondents made a submission that the petitioner has already filed civil suit, which is now pending on the file of the Sub Court, Thiruthuraipoondi. An Interlocutory Application in I.A.No.2 of 2021 and I.A.No.1 of 2023 has been filed by the petitioner. When the civil Court has seized of the issues, the authorities may not be in a position to consider the representation submitted by the writ petitioner.

3. The petitioner has not stated anything about the pendency of the civil suit in the affidavit filed in support of the writ petition. That being the factum the contempt petition is not entertainable.

4. Accordingly, the Contempt Petition stands closed. No costs. 12.09.2023 Jeni Index : Yes Speaking order To The Tahsildar, Office of the Tahsildar, Thiruthuraipoondi, Thiruvarur District.

S.M.SUBRAMANIAM, J.

Jeni 12.09.2023