K.Murugan v. R.Vasantha Krishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2024 CORAM :

THE HONOURABLE MR. JUSTICE P.VELMURUGAN K. Murugan ... Petitioner

Versus

Tr. M.R. Vasantha Krishnan, Revenue Tahsildhar, O/o. The Revenue Tahsildhar, Tindivanam Town and Taluk, Villupuram District - 604 001.

... Respondents Contempt petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent for having violated and disobeyed the order of this Court passed in W.P.No.12623 of 2021 dated 28.06.2021.

For Petitioner : Mr. Dalit Tiger C. Ponnusamy For Respondent : Mr. R. Vigneshwaran, Government Advocate

ORDER

The petitioner has filed this Contempt Petition for non-compliance of the order dated 28.06.2021 passed by this Court in W.P.No.12623 of 2021.

2.

The learned Government Adovcate appearing for the Page No.1 of 4

respondent submitted that on receipt of the order of this Court passed in W.P.No.12623 of 2021 dated 28.06.2021, the same was communicated immediately to the official concerned. According to him, the order of this Court has been complied with by the respondent herein an action has also been taken on it on 21.10.2021 itself and the same was communicated to the petitioner. Further, he produced a copy of the order dated 21.10.2021, which was communicated to the petitioner, before this Court along with the acknowledgment card dated 20.12.2023. 3.

The learned counsel for the petitioner has submitted that still the petitioner has not received any such communication. 4.

It is seen from the copy of the said communication dated 21.10.2021 that there is no such material, it was communicated to the petitioner immediately after passing the said order. Only, after filing the contempt petition on 10.10.2022 against the under order contempt, and after receiving notice in the contempt dated 17.11.2023, thereafter, only the copy of the order dated 21.10.2021was served on the petitioner on 20.12.2023.

Page No.2 of 4

5.

Now, it is contended by the learned counsel for the petitioner that though the action was taken and the respondent passed the order on 21.10.2021 itself, there is no record or proof to show that the same was communicated to the petitioner immediately after passing the said order. 6.

However, since the order of this Court in W.P.No.12623 of 2021 dated 28.06.2021 was complied with by the official respondent on 21.10.2021, there is no willful disobedience on the part of the contemnor. 7.

Accordingly, this Contempt Petition is closed. 04.01.2024 Index : Yes / No Speaking Order : Yes / No klt P.VELMURUGAN, J.

klt Page No.3 of 4

04.01.2024 Page No.4 of 4