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Madras High CourtCONT P/357/2021closed

Justin John Kennedy v. D.Gopinath

2021-04-16Honourable Mr Justice N. Kirubakaran,Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI M.Justin John Kennedy, S/o.Maria Joseph, 117/135, Thomas Nagar, Elathagiri Post, Palepalle, Krishnagiri - 635 108.

... Petitioner Vs Mr.D.Gopinath, The Chief Regional Manager, Hindustan Petroleum Corporation Ltd., Salem Regional Officer (Retail), Level-4, G.K.Towers, Door No.395/2, First Main Road, New Fairlands, Salem - 636 016.

... Respondent PRAYER : Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the Respondent for his wilful and deliberate defiance of the Interim Order of "Status Quo" dated 28.08.2020 passed in W.M.P.No.14152 of 2020 in W.P.No.11560 of 2020 by this Court. For Petitioner : Mr.V.B.R.Menon For Respondents : Mr.M.Vijayan for Kings Patridge

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference".

2. The petitioner has come before this Court alleging that the status-quo order passed by this Court on 28.08.2020 has been violated by the respondent by continuing with the construction, inspite of receipt of the private notice issued by the petitioner.

3. Heard Mr.V.B.R.Menon, learned counsel appearing for the petitioner and Mr.M.Vijayan learned counsel appearing on behalf of the respondent.

4. Originally the petitioner has sent the notice to the respondent and inspite of receipt of the notice, the respondent has not stopped the construction. However, after getting the order copy, the respondent has stopped the construction as stated by Mr.V.B.R.Menon, learned counsel appearing on behalf of the Petitioner. Probably, the respondent might have been under the impression that no order copy would be served on him. In any event Mr.V.B.R.Menon, learned counsel has admitted that the construction work has been stopped.

5. In view the above said circumstances, this Contempt Petition is closed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ub/sai //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/20/05/2021