K. Chellaswamy v. M. Rajakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE K.Chellaswamy ... Petitioner /Vs./ Mr.M.Rajakumar, The Commissioner, Kurunthencode Panchayat Union, Kurunthencode & Post, Kanyakumari District.

... Contemnor P RAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor / 3rd respondent for his wilful disobedience of the order passed in W.P.(MD)No.18669 of 2020 dated 17.12.2020 on the file of this Court.

For Petitioner : Mr.C.T.Perumal For Contemnor : Mrs.S.Jeyapriya Government Advocate 1/4

ORDER

The learned Government Advocate appearing for the respondent has placed before this Court the proceedings of the Block Development Officer dated 23.07.2021 addressed to the District Collector, Kanyakumari District, by which, the order dated 17.12.2020 passed by this Court in W.P.(MD)No.13669 of 2020, which is the subject matter of this contempt petition, has been complied with.

2. As seen from the aforesaid proceedings of the Block Development Officer dated 23.07.2021 addressed to the District Collector, Kanyakumari District, the representation of the petitioner, which is the subject matter of the writ petition in W.P.(MD)No.13669 of 2020 has been considered in accordance with the directions given by this Court in W.P.(MD)No.13669 of 2020 on 17.12.2020.

3. However, the learned counsel appearing for the petitioner would submit that the said representation has not been properly considered by the Block Development Officer.

2/4

4. Since the representation of the petitioner has been duly complied with by the Block Development Officer by passing final orders, if aggrieved by the same, the only remedy available to the petitioner is to challenge the same in the manner known to the petitioner under law. The petitioner cannot seek further remedy from this Court in this contempt petition for the alleged disobedience of the order of this Court dated 17.12.2020 in W.P.(MD)No.13669 of 2020, when it is brought to the notice of this Court that the said order has been duly complied with by considering the representation of the petitioner and by passing final orders.

5. For the foregoing reasons, this Contempt Petition is closed. However, liberty is granted to the petitioner to challenge the proceedings of the Block Development Officer, dated 23.07.2021 in the manner known to the petitioner under law.

27.06.2023 Index : Yes / No NCC : Yes / No Sm 3/4

ABDUL QUDDHOSE, J.

Sm TO:

Mr.M.Rajakumar, The Commissioner, Kurunthencode Panchayat Union, Kurunthencode & Post, Kanyakumari District.

Order made in Dated:

27.06.2023 4/4