V.Ponnukannu v. Kalaiselvi Mohan And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI V.Ponnukannu ... Petitioner Vs.

1.Kalaiselvi Mohan, The District Collector, Office of Collectorate, Kanchipuram, Kanchipuram District-631 501.

2.Thulasiraman, The Tasildar, Alandur Taluk Office, Alandur, Chennai-600 061. ... Respondents PRAYER : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for wilful disobedience of the order dated 10.08.2023 made in W.P.No.23609 of 2023.

For Petitioner :

Mr.S.Jaganathan For Respondent :

Mr.J.Ravindran Additional Advocate General assisted by Mr.A.Selvendran

O R D E R

This Contempt Petition has been filed to punish the respondents for willful disobedience of the order of this Court dated 10.08.2023 passed in W.P.No.23609 of 2023.

2. A perusal of the order passed by this Court in W.P.No.23609 of 2023 reveals that the petitioner has filed the said writ petition for a Mandamus seeking a direction to the respondents herein to conclude the revenue proceedings and recover the award amount made in W.C.No.475 of 2005 from one P.Ravichandran, Proprietor of M/s.Marvel Construction situated at Chennai on the ground that the petitioner's son was working with one P.Kamalakannan, Contractor, who was assigned with a contract by the said Ravichandran and due to improper maintenance of the electrical parts of the well, the petitioner's son, who went to pick up the water in the nearest well, got electrocuted and died on the spot and thereby, FIR in Crime No.476 of 2004 was registered and since adequate compensation was not paid to the petitioner by the above said contractors, the petitioner filed a case in W.C.No.475 of 2005 before the Deputy Commissioner of Labour-II,

Chennai, wherein, the first respondent is alleged to have passed an award directing the above said Proprietor to pay a sum of Rs.4,37,226/- and, on the basis of the said statement made by the petitioner, this Court directed the respondents herein to implement the award of the Deputy Commissioner of Labour, if there is no legal impediment within a period of 12 weeks from the date of receipt of a copy of the order.

3. However, now it is brought to the notice of this Court that prior to passing of the order in W.P.No.23609 of 2023, W.C.No.475 of 2005 was dismissed for default on 12.03.2024. In view of legal impediment, the revenue recovery proceedings cannot be initiated as against the aforesaid persons and there is no willful disobedience on the part of the respondents. Hence, this Contempt Petition is closed.

14.03.2025 NCC : Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The District Collector, Office of Collectorate, Kanchipuram, Kanchipuram District-631 501.

2.The Tasildar, Alandur Taluk Office, Alandur, Chennai-600 061.

M.DHANDAPANI, J.

ssb 14.03.2025