S.M.Ulaganathan v. Rajkumar,

CONT.P.(MD)No.1694 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN CONT.P.(MD)No.1694 of 2021 S.M.Ulaganathan

...Petitioner/Petitioner/Petitioner

.vs.

Mr.Rajkumar, The District Forest Officer, Sivagangai District, 18, Master Plan Complex, Sivagangai-623569.

...Contemnors/Respondent/Respondent PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, praying this Court to punish the contemnor/respondent herein for the wilful, wanton and utter disregard to the orders passed by this Court in W.M.P(MD)No.11680 of 2020 in W.P(MD)No.14023 of 2020, dated 12.10.2021 under the Contempt of Courts Act. Prayer in WMP(MD). 11680/ 2020 :

Miscellaneous Petitions filed Under Section 226 of Constitution of India praying this Court to grant an order of stay of the operation of the impugned order of the respondent in public auction notice in Na.Ka.No.L/1914/2020 dated 01.09.2020 in so far as the Serial No.46,47,48 pending disposal of the above WP. Prayer in WP(MD). 14023/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ, order or direction or any other writ in the nature of a Writ of Certiorari calling for the records pertaining to the impugned order of the respondent in public auction notice in Na.Ka.No.L/1914/2020 dt 01.09.2020 in so far as the Serial No.46,47,48 and quash the same.

For Petitioner : Mr.S.Ramasundarvijayraj For Respondent : Mr.S.Shanmugavel Additional Government Pleader

O R D E R

This petition has been filed owing to the fact that respondents have called for auction to be scheduled on 08.12.2021, in the teeth of writ petitions filed and interim orders obtained wherein, the petitioner had Claimed existing right to cut seemai karuvelam trees. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P.(MD)No.1694 of 2021 2.But, however, it is stated that by Mr.S.Shanmugavel learned Additional Government Pleader that a decision has been taken to keep the auction notice in abeyance.

3.In view of the same, let the Contempt Petition be closed. Giving necessary rights to the petitioner to file a fresh petition if at all the cause again arises. It would also be the interest of the petitioner to re-examine the issue whether a contempt will actually lie against an interim order.

4.It is also to be mentioned that the main Writ Petitions have been directed to listed on 21.12.2021.

5.This Contempt Petition is closed.

Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) sn/lr 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 Forest Officer, Sivagangai District, 18, Master Plan Complex, Sivagangai-623569.

Copy to The Section Officer,Writ Section, Madurai Bench of Madras High Court, Madurai.

(For Post WP(MD).14023 of 2020 on 21.12.2021) +1 CC to M/s.SPL GP ( SR-37197[F] dated 03/12/2021 ) +1 CC to M/s.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-37175[F] dated 03/12/2021 ) ORDER MADE IN CONT.P.(MD)No.1694 of 2021 02.12.2021 am(CO) TR(10.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2