S.Ramadevi v. H.Kushalchand Shiyal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Cont.P.No.321 of 2019 S.Ramadevi ... Petitioner Vs.

1. Mr.H.Kushalchand Shiyal

2. Mrs. Oormila Shiyal

3. Mr.K.Anilkumar Shiyal

4. Mr.K.Kamal Chand Shiyal

5. Mr.K.Vimal Kumar Shiyal All are at No.227 (108/2) Govindappa Naicken Street, Chennai - 600 001.

... Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of the Courts Act, praying to punish the respondents for the willful disobedience of the Order of this Court in C.M.P.No.1393 of 2019 in C.R.P.No.172 of 2019, dated 25.01.2019 For Petitioner : Mr.V.Raghupathi For Respondents : Mrs.P.V.Arul Pazham Nee

ORDER

The present Contempt petition has been filed with an averment that the respondents have not reconnected the disconnected water pipe line and thereby failed to restore the supply.

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2. Today, when the matter was called, the learned counsel for the respondents produced a copy of an order of this Court dated 29.04.2019 passed in C.R.P.No.172 of 2019, wherein it is recorded that a new bore well has been fitted with new motor and the water supply has also been restored to the petitioner herein. In view of the same, it cannot be said that the disobedience is willful in nature. As such, it cannot be termed as a contempt of the earlier order of this Court.

3. In the light of the above observations, the Contempt petition stands closed.

4. Nevertheless, if the petitioner is of the view that the disobedience continues at a later stage, it is open to the petitioner to workout his remedies in accordance with law. No costs.

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