Madras High CourtCONT P(MD)/743/2020closed

Gajendran v. Palanikumar

2020-09-15Honourable Mr Justice D. Krishnakumar2 pages

Cont.P.(MD)No.743 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Cont.P.(MD)No.743 of 2020 in W.P.(MD)No.8959 of 2020 Gajendran ... Petitioner Vs.

Palanikumar, The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli.

... Respondent Prayer: This Contempt Petition filed under Section 11 of Contempt of Court Act, 1971, to punish the respondent for the willful disobedience of the orders of the Court made in W.M.P.(MD)No.8189 of 2020 in W.P.(MD)No.8959 of 2020, dated 07.08.2020. Prayer in WMP(MD). 8189 of 2020 :

Pleased to stay all further enquiry proceedings pending on the file of 1st Respondent in proceedings Na.Ka.AA6/11473/2020 dated 16.7.2020 pending disposal of the writ petition Prayer in WP(MD). 8959 of 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court Pleased to issue a writ of Certiorarified Mandamus or any other appropriate writ, order or direction by calling the records relating to the enquiry proceedings pending on the file of 1st Respondent in proceedings Na.Ka.AA6/11473/2020 dated 16.7.2020 and quash the same and consequently forebear the Respondents 1 and 2 from interfering with the prossession and enjoyment of the property comprised in S.No.354/1A1A, 347/6 and 368/1B all are situated in Valvandi village, Musiri Taluk, Trichy District.

For Petitioner : Mr.K.Govindarajan For Respondent : Mr.C.Ramesh, Special Government Pleader.

ORDER

This Contempt Petition has been filed to punish the respondent for the willful disobedience of the orders of the Court made in W.M.P.(MD)No.8189 of 2020 in W.P.(MD)No.8959 of 2020, dated 07.08.2020.

2.The learned counsel appearing for the petitioner submitted that the petitioner, in the writ petition, challenged the order https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.743 of 2020 passed in Na.Ka.AA6/11473/2020, dated 16.07.2020 before this Court. At the time of admission, this Court granted interim stay in respect of passing final orders. According to the petitioner, the respondent has passed the final order by disobeying the order passed by this Court. Hence, the present contempt petition has been filed. 3.On perusal of the final order passed by the respondent, it is seen that the respondent herein passed the final order on 07.08.2020 when the petitioner got interim order in the aforesaid writ petition. The petitioner has not produced any material to show that the interim order granted to the petitioner was communicated to the respondent or he had knowledge about the stay order passed by this Court. Therefore, no contempt was made out.

4.In view of the above discussion, this contempt petition is closed. It is for the petitioner to challenge the final order passed by the respondent, if he is advised.

Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) gns Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To The District Revenue Officer, Tiruchirappalli District, Tiruchirappalli.

Cont.P.(MD)No.743 of 2020 in W.P.(MD)No.8959 of 2020 15.09.2020 SCR(CO) KK(23.09.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2