Madras High CourtCONT P/1244/2017closed

B.Neelamegan v. P.Ponniah

2018-02-22Honourable Mr Justice R. Mahadevan,Honourable Mr Justice M. Govindaraj3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2018

CORAM

THE HONOURABLE MR. JUSTICE R. MAHADEVAN and THE HONOURABLE MR. JUSTICE M. GOVINDARAJ Contempt Petition No.1244 of 2017 B.Neelamegan .. Petitioner Vs.

P.Ponniah The District Collector, Kancheepuram District.

.. Respondent Prayer:

Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for willful disobedience of the order of this Court dated 18.05.2017 passed in W.P.No.13047 of 2017.

For Petitioner :: Mr.G.Vasudevan For Respondent :: Mr.Elumalai, GA

ORDER

The petitioner has come up with the present Contempt Petition, alleging that the order of this Court dated

18.05.2017 passed in WP.No.13047 of 2017 has not been complied with by the respondent.

2. When the matter was taken up for consideration, the learned Government Advocate filed a counter affidavit of the respondent dated 12.12.2017, wherein, in para 6, it has been stated as follows:

"It is submitted that in obedience to the said order of the Hon'ble High Court, the liquor shop No.4181 situated in Veeranam Salai, Ilavanthangal, Thaiyur Village, Thiruporur Taluk, Kanchipuram District has been ordered to be closed down by the District Collector, Kanchipuram vide his proceedings in Rc.No.6142/2017/VI, dated 04.09.2017. As such, in obedience of the judgment of Hon'ble High Court in WP.No.13047 of 2017, order was passed by the District Collector and the shop in question was also closed since 06.09.2017 and the prayer of the petitioner and order of the Hon'ble High Court is thereby complied with. The delay in complying the order of the Hon'ble High Court is neither wilful nor wanton. Hence, the appearance of the District Collector, Kanchipuram on 15.09.2017 as ordered by this Hon'ble Court may humbly be dispensed with."

3. In the light of the aforesaid statement made in the counter affidavit filed by the respondent, this Court is of the opinion that it is unncessary to pursue this contempt petition, as the order of this Court has been complied with by the respondent.

4. Hence, recording the same, this Contempt Petiton stands closed.

SD/- ASSISTANT REGISTRAR(O.S) rk //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

CO/10/05/2018.