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Madras High CourtCONT P(MD)/1513/2023dismissed

Virumayee Alias Poornam, v. Sivaraman,

2023-10-16Honourable Mr Justice S.M. Subramaniam,Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI in C.M.P.(MD) No.6694 of 2023 in W.A.(MD) No.820 of 2023 1.Virumayee alias Poornam 2.Nagammal 3.Manajanai Petchi ... Petitioners -vsSivaraman Tahsildar Tirumangalam Madurai District ... Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for the willful disobedience of the order passed by this Court in C.M.P.(MD) No.6694 of 2023 in W.A.(MD) No.820 of 2023, dated 13.06.2023.

For Petitioners :

Mr.R.Ramasamy For Respondent :

Mr.S.P.Maharajan Special Government Pleader

O R D E R

[Order of the Court was made by S.M.SUBRAMANIAM, J.] This contempt petition has been filed alleging willful disobedience of the order, dated 13.06.2023, made in C.M.P.(MD) No.6694 of 2023 in W.A. (MD) No.820 of 2023.

2. The above order reads as follows:

"Any correction made will be subject to the result of the writ appeal. Notice."

3. Learned counsel for the petitioners made a submission that in spite of the interim order passed by this Court, the respondent has effected corrections and thereby committed contempt.

4. The petitioners have misconstrued the scope of the interim order passed by this Court. This Court has not issued any prohibitory order not to effect corrections, but has passed an order stating that in the event of making any correction, the said correction will be subject to the result of the writ appeal. Therefore, the interim order passed by this Court cannot be construed as a positive direction issued in favour of the petitioners. However, the rights of the petitioners are reserved in the event of making any correction by the competent authorities. That being the scope of the interim order, the contempt petition is not maintainable.

5. Accordingly, the contempt petition is dismissed. [S.M.S., J.] [L.V.G., J.] 16.10.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Note to Office:

List W.A.(MD) No.820 of 2023 after one week.

krk

To:

Mr.Sivaraman, Tahsildar, Tirumangalam, Madurai District.

S.M.SUBRAMANIAM, J.

and L.VICTORIA GOWRI , J.

krk 16.10.2023