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Madras High CourtSUB APPL/123/2023closed

Mohamed Salihu v. Ponniah Ias And Another

2023-04-13Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH in Contempt Petition No.2220 of 2022 Mohamed Salihu S/o.(Late) M.I.Meerasahib ... Petitioner Vs.

1.Mr.Ponniah, IAS, The Director of Municipal Administration, 75, Santhome High Road, R.A.Puram, Chennai - 28.

2.Mrs.Vijayalakshmi The Regional Director of Municipal Administration, Ram Popular Street, MKP Nagar, Palayamkottai - 627 002.

... Respondents Sub-Application filed under Section 151 of the Code of Civil Procedure praying to re-open the Contempt Petition No.2220 of 2022 dated 03.11.2022.

For Petitioner : Mr.I.Abdul For Respondents : Mr.C.Selvaraj Additional Government Pleader ***** 1/4

O R D E R

This sub-application has been filed praying to re-open the Contempt Petition No.2220 of 2022 dated 03.11.2022.

2. The contempt petition that was filed by the petitioner was already closed by this Court by order dated 03.11.2022. This subapplication has been filed on the ground that two directions were given by the respondents and out of the same one direction was complied with by the second respondent and the other direction that was issued to the first respondent was not complied with.

3. In the considered view of this Court, the nature of grievance that is sought to be established in this contempt petition cannot be dealt with in the contempt and the petitioner has to necessarily challenge the action taken by the respondents in the manner known to law. Except giving this clarity, no orders can be passed in the sub-application. 2/4

In view of the same, this sub-application is closed. 13.04.2023 Index: yes/no Speaking Order/Non-Speaking Order gm 3/4

N.ANAND VENKATESH, J gm in Contempt Petition No.2220 of 2022 13.04.2023 4/4