M.Prabhu v. Janthif Sexjana

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2023 CORAM :

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL M.Prabhu ... Petitioner vs.

Mr.Janthif Sexjana IAS, The Secretary, Public Works Department, Secretariat, Chennai.

... Respondent Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the contemnor / 2nd respondent herein for having committed contempt of court by disobeying the order dated 07.12.2021 made in W.P(MD)No. 23838 of 2018.

For Petitioner : Mr.M.Muniasamy For Respondent : Mr.M.Senthil Ayyanar Government Advocate

O R D E R

[Order of the Court was made by M.SUNDAR, J.] Captioned Contempt Petition has been presented in this Court on 13.10.2023.

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2.

Mr.M.Muniasamy, learned counsel on record for contempt petitioner submits that captioned contempt petition has been filed for disobedience of order dated 07.12.2021 made by a Coordinate Hon'ble Division Bench in W.P(MD)No.23838 of 2018.

3.

Suffice to say that aforementioned writ petition pertains to Ayakkattutharars qua Vaigai River. Likewise it is suffice to extract and reproduce paragraph 4 and concluding paragraph of aforementioned 07.12.2021 order and the same is as follows:

'4. In the light of the above facts, the second respondent is directed to consider the representation of the petitioner dated 19.09.2018. If the same is not available, the petitioner is directed to make one more representation within a period of two weeks. After which, within a period of four weeks such representation shall be considered on merits after giving an opportunity of hearing to the petitioner.

With the above direction, the writ petition is disposed of. No Costs.'

4.

While captioned contempt petition was being considered in the Admission Board, Mr.M.Senthil Ayyanar, learned Government Advocate sought leave to bring to the notice of this Court an obtaining position to demonstrate that aforementioned 07.12.2021 order has been duly complied. We permitted learned Government Advocate to apprise us. Learned Page No.2 of 8

Government Advocate placed before us proceedings dated 12.10.2023 bearing reference No.28911/f;a[ 1/2018-9 and a scanned reproduction of the same is as follows:

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5.

Mr.M.Muniasamy, learned counsel for contempt petitioner very fairly submitted that aforementioned 12.10.2023 proceedings has been duly served on the contempt petitioner and the same has also been assailed in this Court vide W.P(MD)No.27816 of 2023. Learned counsel for contempt petitioner submitted that the rights of the contempt petitioner may please be preserved qua W.P(MD)No.27816 of 2023. There is no difficulty in acceding to this request as that is the obvious position. 6.

In the light of the narrative thus far, captioned Contempt Petition is disposed of as closed making it clear that it is open to the contempt petitioner to raise all pleas available to him in W.P(MD)No.27816 of 2023. Though we have not issued rule of contempt, as a matter of abundant caution we make it clear that the lone respondent in the captioned contempt petition will stand discharged of contempt plea.

(M.S., J.) (R.S.V., J.) 22.12.2023 bala To Mr.Janthif Sexjana IAS, The Secretary, Public Works Department, Secretariat, Chennai.

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M.SUNDAR, J.

and R.SAKTHIVEL, J.

bala ORDER MADE IN DATED : 22.12.2023 Page No.8 of 8