M.Subramanian v. S.K.Prabhakar,Ias.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2024 CORAM :

THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Contempt Petition No.2960 of 2023 in W.P.No.17554 of 2011 M.Subramanian ... Petitioner Vs.

S.K.Prabhakar, I.A.S., The Additional Chief Secretary/The Special Commissioner and Commissioner of Revenue Administration and Disaster Management, Chepauk, Chennai - 600 005.

... Respondent Contempt Petition filed under Section 11 of Contempt Act, praying to initiate contempt proceedings against the respondent and punish him for not obeying the order of this Court dated 21.04.2023 made in W.P.No.17554 of 2011.

For Petitioner : Mr.V.Ragupathi For Respondent : Mr.N.Senthil Selvi, Government Advocate Page No.1 of 5

O R D E R

The prayer sought in this contempt petition is to initiate the contempt proceedings against the respondent and him for not obeying the order of this Court dated 21.04.2023 made in W.P.No.17554 of 2011.

2. Learned Government Advocate appearing for the respondent submitted that the order passed by this Court in W.P.No.17554 of 2011 dated 21.04.2023 has been complied by the respondent vide G.O.(1D) No.160, Revenue and Disaster Management Department, Services Wing, Ser.3(2) Section dated 06.02.2024. Hence, he prayed this Court that the contempt petition may be closed.

3. Learned counsel for the petitioner would submit that the aforesaid compliance order was not passed taking into consideration of the recommendation of the District Collector, Vellore District vide Rc.No.A1/30917, dated 28.02.2023. Hence, he prayed this Court that liberty may be granted to the petitioner for filing a fresh representation and also to Page No.2 of 5

direct the third respondent to consider the said representation by taking into consideration of the recommendation of the District Collector, Vellore District.

4. Heard the learned counsel on either side and perused the materials available on record.

5. Considering the submission made by the learned counsel on either side, this Court grants liberty to the petitioner to give fresh representation to the third respondent, within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the third respondent is directed to consider the said representation by taking into consideration of the recommendation of the District Collector, Vellore District, vide Rc.No.A1/30917/2007, dated 28.02.2023, since the same was not considered in the Government Order stated supra and pass appropriate orders on merits and in accordance with law, within a period of four weeks thereafter.

6. In the result, this contempt petition stands closed. Page No.3 of 5

13.02.2024 vm Index :

Yes/No Speaking Order :

Yes/No :

Yes/No J.SATHYA NARAYANA PRASAD,J.

vm Page No.4 of 5

13.02.2024 Page No.5 of 5