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Madras High CourtCONT P(MD)/2233/2023closed

N.Rajendran v. Dr.K.P.Karthikeyan

2023-11-22Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN in W.P.(MD) No.22102 of 2022 N.Rajendran ... Petitioner Vs.

1.Dr.K.P.Karthikeyan, The District Collector Tirunelveli District, Kokkirkulam, Tirunelveli - 9.

2.Mrs.Anitha, The Assistant Director of Rural Development, Village Panchayat, Tirunelveli.

3.Mr.Srikanth, The Block Development Officer Manur Union, Manur, 1/4

4.Mrs.Kavitha, The President Manur Taluk,

...Respondents

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, praying to punish the Contemnors / respondents for their deliberate and wilful disobedience of the order of this Court made in W.P.(MD) No.22102 of 2022, dated 20.09.2022.

For Petitioner : Mr.S.Veluchamy For Respondents : Mr.M.Lingadurai, Special Government Pleader for R1 & R3

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The Contempt Petition has been instituted to punish the respondents for their wilful disobedience of the orders passed by this Court dated 20.09.2022, in W.P.(MD) No.22102 of 2022.

2. Following orders are passed by this Court:- "5. Considering the facts and circumstances of the case and having regard to the grievance expressed by the learned counsel for the petitioner, this court, without going into the merits of the case, directs the respondent authorities to consider the representation of the petitioner dated 04.08.2022 and take appropriate action, on merits and in 2/4

accordance with law, after affording due opportunity of hearing to the petitioner and the respondents 5 to 7 as well as any other interested parties, as expeditiously as possible.

6. The Writ Petition is disposed of with the above direction. No costs. Consequently, connected Miscellaneous Petition is closed."

3. With reference to the order, learned Additional Government Pleader made a submission that an enquiry was conducted and the authorities found that there is a private dispute and the subject property is a private property.

4. That being the factum, the parties have to approach the competent civil Court of law for the purpose of redressing their grievances. We do not find any wilful contempt warranting further action under the Contempt of Courts Act.

5. Accordingly, the Contempt Petition stands closed. (S.M.S., J.) & (V.L.N., J.) 22.11.2023 NCC : Yes / No Index : Yes / No SJ 3/4

S.M.SUBRAMANIAM, J.

AND V.LAKSHMINARAYANAN, J.

SJ To 1.Dr.K.P.Karthikeyan, The District Collector Tirunelveli District, Kokkirkulam, Tirunelveli - 9.

2.Mrs.Anitha, The Assistant Director of Rural Development, Village Panchayat, Tirunelveli.

3.Mr.Srikanth, The Block Development Officer Manur Union, Manur, 4.Mrs.Kavitha, The President Manur Taluk, 22.11.2023 4/4