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Madras High Court

Y.Vince Daniel vs Mr.M.K.Jiwrajka on 11 October, 2018

Bench: M.M.Sundresh, N.Sathish Kumar

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 11.10.2018  

CORAM   

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH             
AND  
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR             

Cont.P(MD)No.1390 of 2018  
in
W.A.(MD).No.655 of 2012  

Y.Vince Daniel                          : Petitioner
                                Vs.
        
1.Mr.M.K.Jiwrajka
   Member Secretary, 
   The Central Empowered Committee,  
   Gate No.31, Ground Floor,
   Jawaharlal Stadium, Lodi Road,
   New Delhi-110 003.

2.Mr.M.G.Rao, IFS, 
   The Additional Chief Conservator of Forest (FC)
   And Chairman of the State Level Committee,
   Government of Tamil Nadu,
   No.1, Jeen's Road,
   Panagal Building,
   Chennai-600 015.

3.Mr.Vismiju Viswanathan, IFS, 
   The District Forest Officer,
   District Forest Office,
   Kanyakumari Division,
   Nagercoil,
   Kanyakumari District.                                  : Respondents



PRAYER: Contempt Petitions filed under Section 11 of the Contempt of Court 
Act, 1971, praying this Court to punish the contemnors/respondents for their
wilful disobedience of the order passed in W.A.(MD).No.655 of 2012, dated
14.09.2017.

!For Petitioner           : Mr.S.C.Heroldsingh
^For Respondents          : Mr.A.K.Baskarapandian 
                           Special Government Pleader

:ORDER  

[Order of the Court was made by M.M.SUNDRESH, J.] This Contempt Petition has been filed to punish the respondents for their wilful disobedience of the order, dated 12.01.2009 passed in W.A.(MD).No.655 of 2012.

2.Heard Mr.S.C.Heroldsingh, learned counsel appearing for the petitioner and Mr.A.K.Baskarapandian, learned Special Government Pleader appearing for the respondents.

3.We do not find any merits in this petition, especially in the light of the averments made in Paragraph No.4 of the counter affidavit filed by the third respondent, which reads as follows:

?4.Subsequently, the Principal Chief Conservator of Forests has communicated the list of cases with the decision of State Level Committee wherein under Head (New License including Court Cases), the name of the petitioner finds place in Sl.No.43, in which the decision of State Level Committee is recorded as ?Deferred for consideration after receipt of Government direction on amendment?. The copy of the same was also communicated to the petitioner vide this office Lr.No.9095/2009/L, dated 27.09.2018.?

4.In view of the above, this Contempt Petition stands closed. However, the petitioner is at liberty to approach the appropriate forum for necessary relief in the manner known to law.

To

1.Mr.M.K.Jiwrajka Member Secretary, The Central Empowered Committee, Gate No.31, Ground Floor, Jawaharlal Stadium, Lodi Road, New Delhi-110 003.

2.Mr.M.G.Rao, IFS, The Additional Chief Conservator of Forest (FC) And Chairman of the State Level Committee, Government of Tamil Nadu, No.1, Jeen's Road, Panagal Building, Chennai-600 015.

3.Mr.Vismiju Viswanathan, IFS, The District Forest Officer, District Forest Office, Kanyakumari Division, Nagercoil, Kanyakumari District.

.