(Judgment of the Court was delivered by C. T. SELVAM, J.,) This Contempt Appeal arises against the order of Learned Single Judge dated 28.07.2017 made in Contempt Petition No.2034 of 2016 and Sub Application No.434 of 2016.
2. Complaint of appellant/contempt petitioner is that first respondent has disobeyed the order of this court passed in W.M.P.No.23837 of 2016 in W.P.No.27670 of 2016 dated 09.08.2016 and the grant of an order of Interim Stay till 21.09.2016 thereunder. The violation complained of is that first respondent had conducted proceedings in an appeal before him till 1.30 p.m on 08.08.2016 and in a blatant attempt of over reach passed orders on 09.08.2016. Volumnous nature of appeal papers consisting 91 documents and a 17 page counter would not have allowed a decision on merits on 09.08.2016, when proceedings in appeal before first respondent had stretched upto 1.30 pm the previous day.
3. Learned counsel submitted that first respondent has passed an order directing transfer of patta in favour of Sivaram, second respondent herein and towards making it appear that the order came to be passed in ignorance of the order passed in W.M.P.23837 of 2016 in W.P.No.27670 of 2016, dated 09.08.2016.
4. Learned counsel contended that appellant under affidavit dated 24.11.2017 has informed that order passed in W.M.P.No.23837 of 2016 in W.P.No.27670 of 2016 at 11:00 a.m., on 09.08.2016 was sought to be communicated to first respondent by way of a letter but the same was refused. We find no proof for such contention and on a perusal of first respondent affidavit, it is seen that the communication informing interim stay was sent by the appellant/contempt petitioner through Registered Post with Acknowledgment on 09.08.2016 and received by the first respondent only on 10.08.2016.
5. Learned Single Judge taking note of the position informed by learned Special Government Pleader that the order of the first respondent dated 09.08.2016 came to be passed in ignorance of the order in W.M.P.No.23837 of 2016 in W.P.No.27670 of 2016 on the same date, has closed the contempt petition. We find no reason to suspect any wrong doing on the part of first respondent and we would not issue notice on contempt on mere presumptions. In any event, an appeal would lie only against an order of punishment in Contempt. This very appeal is not maintainable.
6. Accordingly, this Contempt Appeal shall stand dismissed.