Jahabar Ali v. I.S.Mercy Ramya Ias

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024

CORAM:

THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in W.P.(MD) No.26563 of 2022 Jahabar Ali ... Petitioner -vsI.S.Mercy Ramya District Collector / Chairman District Rural Development Agency Pudukkottai District Pudukkottai ... Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the contemnor / respondent for the deliberate and willful disobedience of the order dated 22.02.2023, passed by this Court in W.P.(MD) No.26563 of 2022.

For Petitioner :

Ms.R.Geethanjali for M/s.Ajmal Associates For Respondent :

Ms.D.Farjana Ghoushia Special Government Pleader

O R D E R

[Order of the Court was made by RMT.TEEKAA RAMAN, J.] This contempt petition has been filed alleging willful disobedience of the order, dated 22.02.2023, made in W.P.(MD) No.26563 of 2022.

2. By the above said order, this Court has directed the respondent to conduct a detailed enquiry, based on the petitioner's representation dated 29.10.2022, after giving due opportunity to the sixth respondent, and if any irregularity / violation is found on the part of the sixth respondent therein as alleged by the petitioner, necessary action shall be taken against him in accordance with law, within a period of twelve weeks from the date of receipt of a copy of the order.

3. Today, learned Special Government Pleader appearing for the respondent, on instructions, submits that pursuant to the above directions issued by this Court, the respondent has initiated necessary action vide proceedings in Na.Ka.No.235/2022, dated 09.05.2023 and based upon the field inspection report, the respondent has assessed the excess mining

activities, levied penalty and has passed an order to that effect and has also communicated the same to the sixth respondent in the above writ petition.

4. In view of the above submission, we are of the view that the directions issued by this Court have been duly complied with by the respondent and we do not find any willful disobedience of the directions issued by this Court on the part of the respondent.

5. At this juncture, learned counsel appearing for the petitioner emphasizing on the term "necessary action shall be taken" submitted that the term "necessary action" means the matter to reach its logical end of collection of fine amount from the violator and since, fine amount has not been collected from the sixth respondent in the writ petition, it cannot be said that the respondent has complied with the directions issued by this Court.

6. Taking into consideration the limited scope of the contempt jurisdiction, since the respondent has taken necessary action, we are satisfied with the action taken by her.

7. Accordingly, this contempt petition is closed. [T.K.R., J.] [L.V.G., J.] 06.12.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

Ms.I.S.Mercy Ramya, District Collector / Chairman, District Rural Development Agency, Pudukkottai District, Pudukkottai.

RMT.TEEKAA RAMAN, J.

AND L.VICTORIA GOWRI , J.

krk in W.P.(MD) No.26563 of 2022 06.12.2024