Madras High CourtCONT P/144/2013closed

U.Nirmala v. Harish Chobra

2019-04-04Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:04.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN Cont.P.No.144 of 2013 Mrs.U.Nirmala, W/o.Udayakumar, No.42, II Street, Ravi Colony, St.Thamos Mount, Chennai-16.

.. Petitioner Vs.

1.Mr.Harish Chhhabra The District Collector, Kancheepuram.

2.Mr.Ettiappan The Revenue Divisional Officer, Tambaram, Chennai-45.

3.Mr.S.Venkatesan, The Thasildar, Tambaram, Chennai-45.

4.Mr.Sankar, The Head Surveyor, Taluk Office, Tambaram, Chennai-45.

5.Mr.Allwin Raj The Inspector of Police, Law and Order, Tambaram Police Station, Chennai-45.

.. Respondents Prayer: Contempt Petition filed under section 11 of the Contempt of Courts Act, 1971, pleased to punish the respondents for their deliberate and willful disobedience of the order of this Court passed on 03.01.2012 which modified on 19.04.2012 passed in W.P.No.11538 of 2011 under Section 11 of the Contempt of Court Act 1971 and under Article 215 of the Constitution of India.

For Petitioner :

No appearance For Respondents :

Mr.M.Elumalai Government Advocate

ORDER

The learned counsel for the petitioner is absent. Mr.M.Elumalai, learned Government Advocate appearing for the respondents/contemnors would submit that the order which is the subject matter of contempt has been complied with and in pursuant to the direction passed by this Court has also filed an affidavit of the Tahsildar, Tambaram dated 24.01.2019 explaining the reasons for belated compliance.

2. This Court has perused the affidavit filed by Mr.L.Santhi, Tahsildar, Tambaram, who joined in the said post on 07.11.2018 and a perusal of Paragraph Nos.7 and 9 would disclose that the belated compliance would have been avoided.

3. However, taking into consideration of the fact that as per the affidavit filed, the order, which is the subject matter of contempt, has been complied with on 26.07.2014 and that the deponent of the affidavit has only joined in the said post on 07.11.2018, this Court is not inclined to pass any adverse order against them. However, it is made clear that as and when, the Court orders are received by the concerned officials, it shall be complied with scrupulously, without any delay.

4. In the light of the above, the Contempt Petition is closed.

SD/- Assistant Registrar (Comm. Cases) sk //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SS/20/05/2019 To 1.The District Collector, Kancheepuram.

2.The Revenue Divisional Officer, Tambaram, Chennai-45.

3.The Thasildar, Tambaram, Chennai-45.

4.The Head Surveyor, Taluk Office, Tambaram, Chennai-45.

5.The Inspector of Police, Law and Order, Tambaram Police Station, Chennai-45.