Prj Infrax v. Dr.G.S.Sameeran Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2023

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR in W.P.No.20128 of 2022 PRJ Infrax represented by its Proprietor Jitendra Kumar M Bafna 237 / 238, TV Swamy Road R S Puram, Coimbatore 641 002 ... Petitioner Vs.

Mr.Dr.G.S.Sameeran IAS Chairman Hill Area Conservation Authority Coimbatore District ... Respondent Prayer: Petition is filed under Section 11 of Contempt of Court Act, 1971, to punish the respondent herein for willful disobedience of the order of this Court in W.P.No.20128 of 2022 dated 06.09.2022. For Petitioner : Ms.R.Saraswathi for Mr.Ravichandran For Respondent : Dr.T.Seenivasan Special Govt. Pleader

O R D E R

This Contempt Petition is filed under Section 11 of Contempt of

Court Act, 1971, to punish the respondent herein for willful disobedience of the order of this Court dated 06.09.2022 passed in W.P.No.20128 of 2022. 2.This Court in the writ petition filed by the petitioner for issuance of Writ of Mandamus, directed the respondents 1 and 2 to issue No Objection Certificate in connection with petitioner's representation dated 04.05.2022. The order of this Court reads as follow;

........

"6. Considering the nature of the lis and also having regard to the observation made by this Court earlier in W.P.No.27347 of 2021 that the 2nd respondent is the competent authority to decide the issue as to the grant of permission or otherwise, this Court is of the view that the 2nd respondent can be directed to consider the representation submitted by the petitioner, dated 04.05.2022, with regard to issuance of No Objection Certificate for movement of its vehicles from / to the construction site. Accordingly, without expressing any opinion on the merits of the representation submitted by the petitioner or the contentions of the petitioner in the present writ petition, the 2nd respondent is directed to consider the representation of the petitioner, dated 04.05.2022, and pass appropriate orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

3.After filing of this contempt petition, the District Collector, vide proceedings dated 25.04.2023 considered the representation of the petitioner and also passed an order in e.f.vz;.7932/2022 cjpF. 4.In view of the fact that the representation of the petitioner has duly been considered in compliance of the direction of this Court, this Court finds nothing survives in this contempt petition. 5.Recording the compliance, this contempt petition stands closed. 27.04.2023 kas

S.S.SUNDAR, J.

kas 27.04.2023