S. Thiyagarajan v. Soundarajan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2017 CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.SUNDAR Cont.P. No.101 of 2017 S.Thiyagarajan .. Petitioner -vsSoundarajan The Commissioner, Arakkonam Municipality, Arakkonam, Vellore District.

.. Respondent Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for deliberately disobeying the order of this Court dated 20.12.2016 passed in W.P.No. 43651 of 2016.

For Petitioner :

Mr.M.Venkatakrishnan * * * * *

O R D E R

(Order of the Court was made by M.Sundar, J.) This Contempt Petition has been filed, alleging violation of orders of this Court dated 20.12.2016 made in W.P.No.43651 of 2016.

2.In the light of the submission that has been made by Mr.M.Venkatakrishnan, learned counsel for the petitioner in this contempt petition, it may not be necessary to advert

to the facts in great detail.

3.The operative portion of the order of this Court dated 20.12.2016 (which was alleged to have been violated) reads as follows:

''5. ... We have, thus, no option but to quash the impugned notice dated 14.12.2016 with a direction to the Commissioner/fifth respondent to apply his mind to the notice dated 14.3.2016 and the response of the petitioner thereto (given to the third respondent as that was the direction in W.P.Nos.37714 and 37715 of 2015) and pass a reasoned order on the same to be duly communicated to the petitioner as well as a copy endorsed to the petitioners in W.P.Nos.37714 and 37715 of 2015. The action be completed within a period of one month from today.''

4.This contempt petition is predicated on the pivotal point that without passing orders as directed by this Court, the fifth respondent in the said writ petition, i.e., The Commissioner, Arakkonam Municipality, Arakkonam, Vellore District, had caused a fresh notice to be issued. 5.Now, Mr.M.Venkatakrishnan, learned counsel for the petitioner, submits that the fifth respondent in the writ petition, who is the sole respondent before us in the contempt petition, has complied with the order of this Court (dated 20.12.2016 in W.P.No.43651 of 2016) and passed

a detailed order dated 30.01.2017 bearing Ref.Na.Ka.No.2992/F1/2015.

6.A copy of the aforesaid order has been placed before us and the same is taken on file.

7.In view of the above, nothing survives in the contempt petition and the same is closed. No costs. Consequently, Sub-Application No.40 of 2017 is also closed. SD/- JOINT REGISTRAR(OS)(i/c) sra //Certified to be true copy// Dated at Madras this the day of 2017. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

DK/CO/10/08/2017 To The Commissioner, Arakkonam Municipality, Arakkonam, Vellore District.