D. Sivakumar vs Mariyam Barjana Shadhiq

R. Banumathi, J.—Alleging willful disobedience of the order of this Court dated dated 08.09.2010 made in W.P. No. 18663 of 2010, the

Petitioner has filed this contempt petition.

We have heard Mr. S. Doraisamy, Learned Counsel appearing for the Petitioner and Mr. M. Venugopal, Special Government Pleader

appearing for the Respondent. In the Order dated 08.09.2010 made in W.P. Nos. 18662 and 18663 of 2010, we have directed the authority -

respondent to consider the case as per the documents and pass orders. The Order reads as under:

Taking into consideration the Petitioners have made applications as early as 15.12.2008 and 14.07.2008 respectively, we direct the

Respondent to consider the above said applications of the Petitioners and pass orders on merits and in accordance with law, within a period of

three months from the date of receipt of a copy of this order and without being influenced by any of the observations made in this order, the

authority will independently consider the case as per the documents and evidence to be adduced by the Petitioners, after holding due enquiry and

giving opportunity to the Petitioners. The Petitioners shall also send a copy of the applications along with a copy of this order. The writ petitions are

ordered accordingly. No costs.

The grievance of the Petitioner is that the Respondent has not considered the matter and passed orders within the time stipulated by this Court

and thereby committed disobedience of the Order.

When the Contempt Petition was posted for hearing, the learned Special Government Pleader appearing for the Respondent has submitted that

the Order of the Division Bench dt.8.9.2010 has been duly complied with and to that effect, he produced the proceedings of the Respondent in

Na.Ka.5702/2010(A4) dated 22.08.2011 and a copy of which is also furnished to the Petitioner.

Inasmuch as our order dated 08.09.2010 has been complied with, though belatedly, we do not find any willful disobedience of the Order

inviting continuance of the Contempt Proceedings and the Contempt Petition is closed giving liberty to the Petitioner to challenge the proceedings in

accordance with law.