R.Sellappan v. Kumar Jayant Ias And 2 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.08.2024 CORAM :

THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE R.Sellappan .. Petitioner Vs 1.Kumar Jayant, IAS, The Principal Secretary, Revenue and Disaster Management Department, Land Survey and Land Tax Division, Land Survey (3(1)) Section, Fort St. George, Chennai-600 009.

2.P.Madhusudhan Reddy, IAS, The Director, Land Survey and Land Tax Project, Survey House, Chepauk, Chennai-600 005.

3.K.Kannabhiran, The Additional Director, Land Survey and Records Department, Survey House, Chepauk, Chennai-600 005.

.. Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for the act of willful disobedience of the order of this Court dated 27.4.2022 made in W.P.No.24349 of 2021.

For the Petitioner : Ms.Shakila Anand For the Respondents : Mr.R.Neelakandan Addl. Advocate General assisted by Mr.S.Balamurugan Government Advocate

ORDER

Alleging non-compliance of the order dated 27.4.2022 passed in W.P.No.24349 of 2021, the petitioner has filed this contempt petition.

2. It is submitted by learned counsel for the petitioner that as against the order passed in W.P.No.24349 of 2021, dated 27.4.2022, the department had preferred a writ appeal, being W.A.No.3025 of 2023, wherein a Division Bench of this granted an interim order on 1.11.2023 to the effect that the contempt proceedings shall be kept in abeyance for a period of four weeks and the said order was extended thereafter till 8.2.2024.

3. It is further submitted by learned counsel for the petitioner that thereafter the appeal was heard by a Division Bench consisting of Hon'ble Mr. Justice R.Mahadevan (as His Lordship then was) and Hon'ble Mr.Justice Mohammed Shaffiq, but no final order has been passed in the writ appeal and the interim order was also not extended.

4. It is not in dispute that the interim direction granted by the Division Bench qua the contempt proceedings was not extended and as on date, it has lapsed. The respondents, if they are aggrieved by the impugned order, should seek appropriate relief before the Division Bench where the appeal is pending. Otherwise, the respondents are bound to comply with the order passed by the learned Single Judge.

5. Considering the fact that the writ appeal is already pending and there was an interim order in operation for quite

some time, the present contempt petition is closed with liberty to the parties to work out the rights in the pending writ appeal. There shall be no order as to costs.

16.08.2024 Index :

Yes/No NC :

Yes/No bbr

THE HON'BLE ACTING CHIEF JUSTICE bbr 16.08.2024