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2016 DIGILAW 175 (MAD)

Paramasivam Pillai v. District Collector, Thoothukudi District, Thoothukudi

2016-01-18

K.RAVICHANDRABAABU

body2016
ORDER : S.Muthusamy Pillai filed the writ petition before this Court in W.P(MD)No.18314 of 2015 and sought a direction to the District Collector, Thoothukudi District, to conduct Navarathiri Festival scheduled to be held on 13.10.2015 to 21.10.2015 at Arulmigu Sri Uchini Mahaliamman Kovil at Kulathur Village, Vilathikulam Taluk, Thoothukudi District. The said writ petition was disposed of by an order dated 09.10.2015 directing the second respondent therein, namely, Tahsildar, Vilathikulam, to consider the representation of the writ petitioner therein dated 18.09.2015 and pass appropriate orders on merits and in accordance with law, by affording opportunity of hearing to all the necessary parties including one Paramasivam Pillai, who is the petitioner in this writ petition and the 3rd respondent in W.P(MD)No.18314 of 2015. However, the Tahsildar passed an wrong order as though this Court has given a positive direction in favour of the writ petitioner herein. The said order dated 21.10.2015 is challenged in W.P(MD)No.21889 of 2015. This Court, therefore, initiated suo moto contempt proceedings and issued notice to the Tahsildar. Pursuant to the statutory notice issued, the Tahsildar/contemnor appeared before this Court, who is being represented by the learned Additional Advocate General. 2. The learned Additional Advocate General appearing for the contemnor submitted that the contemnor has misconstrued the order passed by this Court and consequently passed an order on 21.10.2015, which was neither wilful nor wanton and purely due to inadvertence. He further submitted that the respondent/Tahsildar is tendering unconditional apology, which may be accepted. An affidavit is also filed by the Tahsildar, wherein paragraph Nos.3 to 5, it has been stated as follows:- “3.I submit that, I had a very good carrier without any blemish and I was promoted to Thasildar at Vilathikulam on 16.02.2015. In the meantime I met with an accident while I was driving burst my vehicle tyre and dashed against state Transport bus on 03.12.2015. In which I suffered extensive injuries on the head and I busily and dutifully work for the flood situation in the months of October 2015. 4.I submit that, due to the above injuries and I red the order oversight and also due to pressure of work I gave a order to Muthusamy pillai in hasty manner for which I apologize unconditionally and I will never and ever commit the same mistake again and the error may condoned. 4.I submit that, due to the above injuries and I red the order oversight and also due to pressure of work I gave a order to Muthusamy pillai in hasty manner for which I apologize unconditionally and I will never and ever commit the same mistake again and the error may condoned. I have a big family with wife and three children aged 17, 13 and 2 ½ years respectively. I am the only sold bread winner of the family. 5.I submit that this Hon'ble Court may please to accept my unconditional apologies. If not, I will be put to irreparable loss and mental agony.” 3. It is further submitted by the learned Additional Advocate General that the respondent/Tahsildar has now passed a fresh order on 07.01.2016 cancelling the earlier order passed on 21.10.2015 and called upon both the parties to attention enquiry on 25.01.2016 so as to comply with the order already passed by this Court in W.P(MD)No. 18314 of 2015. The Additional Advocate General submitted a copy of the said order dated 07.01.2016 before this Court. 4. Considering the above said facts and circumstances and considering the unconditional apology tendered by the respondent/Tahsildar and also considering the circumstances stated in the affidavit filed by the Tahsildar and further considering the order of cancellation issued by the Tahsildar on 07.01.2016, this Court is of the view that no further order is necessary in the contempt petition. Accordingly, the contempt petition is closed. 5.In view of the fact that the impugned order dated 21.10.2015 challenged in W.P(MD)No.21889 of 2015 is cancelled by the Tahsildar through his proceedings dated 07.01.2016, the prayer sought for in the above writ petition has become in fructuous and accordingly, the writ petition is dismissed as in fructuous. The Tahsildar shall conduct such enquiry and pass orders on merits and in accordance with law, after affording opportunity of hearing to both the parties, within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petitions are closed.