Madras High CourtCONT P/1452/2015dismissed with cost

S.Elumalai v. Veeraragava Rao

2015-07-14Honourable The Chief Justice,Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2015

CORAM

THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM Contempt Petition No.1452 of 2015 Elumalai ... Petitioner Vs Veeraragava Rao, District Collector, Thiruvallur, Thiruvlalur District.

... Respondent Contempt Petition filed under Sections 11 of the Contempt of Courts, Act, 1971 punish the respondent for the wilful disobedience of the order passed by this Court in W.P.No.11724 of 2015, dated 22.4.2015.

For Petitioner .. Mr.C.Prakasam For Respondent .. Mr.STS.Moorthy Government Pleader * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) A Public Interest Litigation was filed qua open sand quarrying and since the petitioner had made a representation dated 02.03.2015, we disposed of the Writ Petition No.11724 of 2015 on 22.04.2015 directing that

representation to be disposed of within one month of the receipt of the order copy.

2. The present Contempt Petition has been filed alleging non-compliance of the order dt. 22.04.2015.

3. The learned Government Pleader points out that the District Collector held enquiry on 19.06.2015 when the petitioner (4th Ward Member) was present along with the President and certain other persons of Atrambakkam Village Panchayat. The Atrambakkam Village Panchayat is stated to have passed a resolution on 21.01.2015 in respect of the subject matter to which the petitioner had been a signatory. The petitioner confirmed his signature made in the resolution book recommending for grant of sand quarry lease, but claim that it was made on a blank paper. The further enquiry reveal that the resolution had been signed by the President and six Ward Members on behalf of the villagers. Some others have objected and thus, another personal hearing was fixed on 03.07.2015, which due to administrative reasons, now stands postponed on 20.07.2015.

4. The fact remains that the petitioner was a signatory and seeks to raise the issue of signing in blank papers making a usual excuse which cannot be accepted.

5. We, thus, find that the Contempt Petition is completely misconceived and dismiss it with costs quantified at Rs.3,000/- (Rupees Three Thousand only) payable to the Atrambakkam Village Panchayat within a period of 15 days from today.

bbr 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/22/07/2015 One CC to Government Pleader, SR.8967 One CC to Mr.C.Prakasam, Advocate, SR.9099 To The President, Atrambakkam Village Panchayat, Atrambakkam.