Madras High CourtCONT P/226/2019closed

Garkey v. T.N.Hariharan I.A.S

2019-03-11Honourable Mr Justice M. Sathyanarayanan,Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 11.03.2019

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Cont.P.No.226/2019 Garkey @ Ayyasamy ..

Petitioner

Versus

Mr.T.N.Hariharan, IAS District Collector Coimbatore Coimbatore & District.

Respondent Prayer:- Contempt petition filed under section 11 of the Contempt of Courts Act, for willful disobedience to the order passed by this Court in WP.No.28026/2014 dated 03.11.2014 and punish him accordingly.

For Petitioner :

Mr.S.Sathia Chandran For Respondent :

Mr.M.Elumalai, GA

ORDER

[Order of the Court was made by M.SATHYANARAYANAN, J.,] The petitioner, alleging non-compliance of the order passed in WP.No.28026/2014 dated 03.11.2014 by the respondent herein, came forward to file the present contempt petition.

The matter in issue pertains to permission sought for by the petitioner for installation of statue of one of the leaders and legal luminaries, viz., Dr.B.R.Ambedkar. As per the proceedings of the Collector of Coimbatore District, dated 03.12.2018 in Na.Ka.No.28026/2014/E2, the said request came to be rejected.

Mr.Sathia Chandran, learned counsel for the petitioner would vehemently contend that only after initiation of the contempt proceedings, the present order came to be passed and the reasons assigned are per se untenable.

Mr.M.Elumalai, learned Government Advocate appearing for the respondent/contemnor would submit that after taking into consideration of the relevant factors including the apprehension of the law and order problem, the request made by the petitioner came to be rejected. This Court has considered the rival submissions and also perused the materials placed before it. In the light of the above said proceedings, this Court is of the considered view that nothing remains for further adjudication in this petition. However, the

petitioner is at liberty to challenge the said proceedings in accordance with law before the competent Forum. The contempt petition is closed subject to above observation.

SD/- ASSISTANT REGISTRAR(COMM.CASES) AP //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

THS/03/04/2019 To The District Collector Coimbatore Coimbatore & District.