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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.SOUNTHAR, J
Durgadevi Venkatesan Panchayat President Palayanur Village Panchayat Palayanur Village and Post Tiruvannamalai – Appellant
Versus
Thiru Baskara Pandian, I.A.S., District Collector, Thiruvannamalai District – Respondent
ORDER :
(S. SOUNTHAR, J.)
This Contempt Petition has been filed to punish the respondent for his alleged wilful disobedience of the order passed by this Court dated 21.09.2023 in W.P.No.24920 of 2023.
2. The petitioner herein filed the above writ petition challenging the order passed by the respondent dated 24.07.2023 withdrawing the cheque signing power available to her in her capacity as President of the Panchayat and transferring the said power in favour of concerned Block Development Officer, who was arrayed as 4th respondent in the writ petition. The above said writ petition was allowed by this Court on 21.09.2023 and order impugned therein was quashed. However, the respondent, who functioned as District Collector/Inspector of Panchayat of Thiruvannamalai District at that point of time, failed to implement the order passed by this Court by restoring the cheque signing power to the petitioner.
3. It is stated by the petitioner that pursuant to the allowing of the writ petition, she made a representation to the respondent on 09.12.2023 requesting him to restore her powers to sign the cheques and other incidental financial powers in her capacity as President of the Panchayat. Though
Failure to comply with a court order, even pending appeal without stay, constitutes contempt of court.
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.
The pendency of a writ appeal does not absolve the respondents from complying with the court's order, unless a stay of the order has been obtained from the appellate court.
Failure to comply with court orders constitutes civil contempt, and an apology offered belatedly may not suffice for exoneration.
Compliance with court order via referral to judicial authority closes contempt proceedings.
Compliance with court order via referral to appropriate forum closes contempt proceedings.
Contempt petition closed upon respondents demonstrating compliance with prior court order.
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