E.Kumar v. Selvi.Saranya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Contempt Petition No.2386 of 2022 E.Kumar General Secretary Adi Palangudiyinar Nala Sangam No.9549, A Type, 12th Main Road 174th Street, TNHB, Ayyapakkam Chennai 600 077 ..

Petitioner v.

Selvi.Saranya The Revenue Divisional Officer Attur, Salem District ..

Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for willful disobedience of the order dated 10.06.2022 passed in W.P.No.2378 of 2022. For Petitioner ::

Mr.N.Naganathan For Respondent ::

Mr.P.Muthukumar State Government Pleader

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) This contempt petition has been filed alleging willful disobedience of the order dated 10.06.2022 passed in Writ Petition No.2378 of 2022, wherein we have directed, in paragraph-6, as follows: - "6. In view of the above, this Court directs the members of the petitioner/Association to approach the fourth respondent with individual application along with relevant documents as stated above, to prove their residency and the Community, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the said application, the fourth respondent shall consider the same on the basis of the said report of the Director of Tribal Research Centre, Ooty, dated 10.10.2018 and pass appropriate orders on merits and in accordance with law, within a period of

three months."

2. When we have observed in the paragraph highlighted above that the members of the Association have to approach the Revenue Divisional Officer, Attur, Salem District with individual application along with the relevant documents to prove their residency and community within a period of two weeks from the date of receipt of a copy of the order, the copy of the rejection order dated 11.10.2022 produced by the learned State Government Pleader shows that they have neither appeared nor produced the relevant documents before the respondent evidencing that they belong to Malaikkuravan Community for the reasons best known to them. Without even questioning the order of rejection in the manner known to law, the petitioner has resorted to file the contempt petition. Even in the contempt petition filed before us, no application or supporting documents are produced to even make a reference that the individual applicant belongs to a particular community. Therefore, without there being any iota of evidence produced by the petitioner to show that the individual applicant belongs to a

particular community, we are unable to say anything. Hence, finding no elements of contempt made out, the contempt petition stands dismissed. It is for the petitioner to challenge the order of rejection in the manner known to law.

Speaking/Non speaking order (T.R.,A.C.J.) (D.B.C.,J.) Index : yes/no 15.12.2022 ss

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

ss 15.12.2022