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Madras High CourtCONT P/1883/2017closed

S.Bhavani v. Dr.B.Chandra Mohan, Ias

2018-01-11Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.01.2018

CORAM:

THE HONOURABLE MR. JUSTICE M.DURAISWAMY Contempt Petition No.1883 of 2017 S.Bhavani ... Petitioner Vs.

Dr.B.Chandra Moham IAS., The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.

... Respondent Contempt Petition filed under Section 11 of Contempt of Courts Act to punish the respondent for not complying with the order and willful disobedience of the order dated 07.06.2017 in W.P.No.8406 of 2017.

For Petitioner : Mr.S.Thanka Sivan For Respondent : Mr.S.R.Rajagopal, Additional Advocate General assisted by Mr.M.Elumalai, Government Advocate

O R D E R

Mr.S.R.Rajagopal, learned Additional Advocate General made a mention stating that the respondent has got personal inconvenience on 17.01.2018, therefore, the matter may be taken up today itself for the appearance of the respondent. 2.Pursuant to the request made by the learned Additional Advocate General and also taking into consideration the personal inconvenience of the respondent,

the matter was taken up in the additional list at 12.15 pm. 3.Pursuant to the statutory notice issued on 12.12.2017, Dr.B.Chandra Mohan, IAS., Secretary to Government, Revenue and Disaster Management Department appeared before this Court and submitted that he had complied with the orders of this Court passed in W.P.No.8406 of 2017 dated 07.06.2017.

4.The learned Additional Advocate General also filed an affidavit of the respondent to that effect. 5.In paragraph nos.6 & 7 of the affidavit filed by the respondent, the respondent has stated as follows: "6.In the meantime, the petitioner herein has preferred the petition in Contempt Petition No.1883 of 2017. The direction of this Hon'ble Court in W.P.No.8406 of 2017 has been complied with and the petitioner has remitted the amounts and the plot has been regularization. There is no wilful or wanton delay and the delay is purely procedural and due to administrative reason. The process for issuance of patta following the procedures and rules has been initiated.

7.I humbly prayed that this Hon'ble Court may be pleased to take this affidavit of file recording the factum of compliance pass suitable orders in the above Contempt Petition. I reiterate and state that I have the great regard

and respect for the orders passed by this Hon'ble Court; I have not committed any Act of the Contempt. I once again tender my unconditional apology."

6.Mr.S.Thanka Sivan, learned counsel appearing for the petitioner submitted that the respondent had complied with the orders of this Court passed in the Writ Petition. 7.In view of the affidavit filed by the respondent and also taking into consideration the submissions made by the learned Additional Advocate General and the learned counsel for the petitioner, I do not find any reason to keep the Contempt Petition pending. Accordingly, the Contempt Petition is closed.

va SD/- ASSISTANT REGISTRAR(OS-I) //CERTIFIED TO BE TRUE COPY// DATED AT MADRAS THIS THE DAY OF 2018. COURT OFFICER(O.S.) FROM 25TH DAY OF SEPTEMBER 2008 THE REGISTRY IS ISSUING CERTIFIED COPIES OF THE ORDERS/JUDGMENTS/DECREES IN THIS FORMAT.

CO/23/01/2018 To The Principal Secretary to Government, Revenue Department, Secretariat, Chennai - 600 009.