M/S.Ellora Restaurant v. A.K.Viswanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2020

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Contempt Petition No.245 of 2020 M/s.Ellora Restaurant Rep. by its Proprietor Mr.R.Sivanandham, Old No.25, New No.38, Wallers Road, Chintadripet, Chennai-600 002.

.... Petitioner - Vs - Mr.A.K.Viswanathan, The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

.... Respondent PRAYER : Petition filed under section 11 of the Contempt of Courts Act, to punish the respondent for willful disobedience of the orders passed in WP.No.18825 of 2019 dated 02.07.2019.

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For Petitioner : Mr.N.Naganathan For Respondent : Mrs.Saradha Devi Government Advocate ***

O R D E R

Pursuant to the orders passed by this Court, the respondent had already inspected the site and has come to the conclusion that it does not have sufficient space for parking.

2. The learned counsel appearing on behalf of the petitioner submitted that the finding given by the respondent is without any basis and not even an inspection was done and the petitioner was not even called for inspection.

3. This Court, while exercising its Contempt jurisdiction, cannot sit over the orders passed by the respondent and if the petitioner is really aggrieved by the order passed by the respondent, the same has to be independently challenged and it cannot be collaterally agitated in contempt proceedings.

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4. In view of the above, this Contempt Petition is closed by giving liberty to the petitioner to independently agitate the orders passed by the respondent.

SD/- ASSISTANT REGISTRAR(COMM.CASES) KMI //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/09.03.2020 To The Commissioner of Police, Greater Chennai, Vepery, Chennai-600 007.

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