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2014 DIGILAW 2919 (MAD)

A. Sonai v. Rajaraman, Collector, Sivagangai District

2014-08-27

K.K.SASIDHARAN

body2014
Judgment 1. The petitioner initiated this proceedings for contempt alleging that the respondent wilfully disobeyed the order passed by this Court, dated 16.04.2013 in W.P.(MD)No.16513 of 2012. 2. This Court while disposing of the writ petition filed by the petitioner in W.P.(MD) No.16513 of 2012 directed the District Collector, Sivagangai District, the second respondent therein, to consider and dispose of the matter on merits and in accordance with law within a period of four months from the date of receipt of a copy of the order. 3. It is the grievance of the petitioner that the respondent failed to conduct an enquiry in the manner known to law. It is his further case that the respondent failed to pass an order before the cut off date. 4. The respondent is present today pursuant to the statutory notice. 5. The learned Additional Advocate General, by producing a copy of the order dated 02.12.2013, submitted that the respondent issued a notice to the petitioner. However, he failed to appear on the date of hearing and as such the order has been passed on merits and in accordance with law. 6. The file produced by the learned Additional Advocate General shows that notice was sent prior to the initiation of enquiry proceedings. When this was pointed out, the learned Additional Advocate General, on instructions, submitted that the respondent would consider the matter afresh, treating the present order as a preliminary order. 7. The findings recorded in the order passed on 02.12.2013 is directed to be considered as tentative findings. The petitioner is granted time till 06.10.2014 to submit his response. The respondent is directed to post the matter for hearing beyond a period of fifteen days from the date of receipt of response. The notice of hearing should be sent by Registered Post giving at least ten days time to appear for the hearing. In case the petitioner fails to avail the opportunity given by this Court, it is open to the respondent to pass orders on merits and as per law. 8. The appearance of the respondent is dispensed with. The contempt petition is closed. No costs.