Shri M.O.Mohamed Fareed v. M.M.Parthiban

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.1356 of 2015 Design'r Furniture, Represented by its Partner, Shri. M.O.Mohamed Fareed .. Petitioner Vs.

1. Shri. M.M.Parthiban, The Additional Director, Directorate of Revenue Intelligence, Zonal Unit, 25 Gopalakrishna (Iyer) Road, T.Nagar, Chennai - 600 017

2. Shri. T.Prabhakar, The Deputy Director, Directorate of Revenue Intelligence, Zonal Unit, 25 Gopalakrishna (Iyer) Road, T.Nagar, Chennai - 600 017 .. Respondents /Contemnors Contempt Petition filed under Section 11 of the Contempt of Courts Act against the order, dated 28.11.2014, passed in W.P.No.28430 of 2014.

For Petitioners : Mr. Hari Radhakrishnan For Respondent : Mr. Velayutham Pichaiya, SCCG - - -

O R D E R

Heard the learned counsel for both sides.

2. The grievance of the petitioner is that the respondents have not complied with the directions issued in paragraph 8 of the order, dated 28.11.2014, made in W.P.No.28430 of 2014.

3. When the said writ petition was disposed of, several directions were issued in paragraphs 7 and 8. It is not in dispute by the learned counsel for both sides that directions

issued in paragraph 7 of the order has been complied with. The directions issued in paragraph 8 of the order reads as follows:- "8. After the inventorisation takes place, the petitioner may make a written request to the Department for the purpose of shifting the goods, since the petitioner's landlord is insisting him to vacate the premises and threatening to give a criminal case against the petitioner".

4. The learned counsel for the petitioner would state that the petitioner has already made a written request to the Department for the purpose of shifting the goods and the Department has also issued an order on 20.08.2015 to shift the goods lying in its showroom. The petitioner would further state that the goods lying in godown are also to be shifted.

5. The learned Senior Central Government Standing Counsel appearing for the respondents / Department would submit that, so far as the godown is concerned, the goods are in knockdown condition and it would require identification, for which the assistance of the petitioner is required and it may also required to be done in the presence of a learned Magistrate.

6. Considering the fact that the shifting from the showroom is in progress, the respondent / Department shall endeavour to complete the shifting of the goods from the godown within a period of eight weeks from the date of receipt of a copy of this

order and for this purpose, the petitioner shall extend full cooperation to the Department. The respondents / Department are at liberty to approach the concerned learned Magistrate for appropriate directions in this regard.

7. This Contempt Petition stands disposed of accordingly. It is made clear that liberty is given to both the parties to mention before this Court, in future, if any further orders are required. No costs.

Srk SD/- DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. 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/CO/16/12/2015 One CC to Mr.Hari Radha Krishnan, Advocate Sr.No.11964 To 1.The Additional Director, Directorate of Revenue Intelligence, Zonal Unit, 25 Gopalakrishna (Iyer) Road, T.Nagar, Chennai - 600 017.

2.Shri.T.Prabhakar, The Deputy Director, Directorate of Revenue Intelligence, Zonal Unit, 25 Gopalakrishna (Iyer) Road, T.Nagar, Chennai - 600 017.