V.Karthick v. Ragupathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :26.10.2015
CORAM
THE HON'BLE Mr. JUSTICE T.S.SIVAGNANAM Cont.P.No.1940 of 2015 and Sub. Application No.840 of 2015 V.Karthick ... Petitioner Vs.
1.Mr.Ragupathy, Deputy Director of Health S.F.No.147, Pooluvapatti Pirivu, Neruperichal Village, Tiruppur-2 (nor working as Joint Director of Health Public health Department, DMS Compound, Chennai-18) 2.Mr.Nelson Deputy Director of Health, S.F.No.147, Pooluvapatti Pirivu, Neruperichal Village, Tiruppur-2 3.Mrs.Rajalakshmi ... Respondents Contempt Petition has been filed under Section 11 of Contempt of Courts Act to punish the respondents herein for their wilful disobedience and non-compliance of the order of this Court made in contempt petition No.752 of 2015 in W.P.No.414 of 2014, dated 31.07.2015. For Petitioner : Mr.C.Prakasam For Respondents : Mr.R.Lakshminarayanan,A.G.P. for R1 and R2 Mr.R.Jayaprakash for R3
ORDER
The petitioner-V.Karthick and the third respondent/contemnor are present in Court. Mr.M.Raju, Block Health Supervisor, Tirupur, is also present in Court. 2.The petitioner-V.Karthick would reiterate that the contemnor/third respondent is running a poultry farm without obtaining a licence. He would further state that the inspection done by the officials are a mere eyewash and the contemnor is being informed well in advance before the inspection is conducted and he has got CDs showing that there are three sheds, in which poultry farm is being run.
3. Mr.R.Jayaprakash, learned counsel appearing for the third respondent/contemnor submits that the third respondent has filed an affidavit in this proceedings stating that she is not running a poultry farm.
4. This Court questioned the third respondent/contemnor and she would admit that at times she would purchase chicks and keep them for a short while in the shed and she is not running broiler farm or a regular poultry farm. However, she agrees before this Court that in the event she is desirous of running a poultry farm, she will obtain prior licence from the competent authority.
5.In the event of the third respondent/contemnor applies for licence to run a poultry farm, the authority concerned is bound to inspect the place and thereafter, if the third respondent satisfies the conditions, if any, they may consider the application for grant of licence.
6. Further, an allegation has been made against the Block Health Supervisor Mr.M.Raju, that he is acting in a bias manner with an intention to help the third respondent/contemnor.
7. The Block Health Supervisor, who is present in Court, submits before this Court that he will discharge his official duties without any bias and without any prejudice and he will ensure that the third respondent/contemnor does not run a poultry farm in her premises without obtaining the licence.
8. The submissions made and the undertaking given by the third respondent/contemnor as well as the Block Health Supervisor are placed on record and the contempt petition stands disposed of. In the event of any violation of the undertaking given before this Court, the contemnor as well as the official, who is present in Court,
is sufficiently put on notice that stringent action will be initiated. Connected application is closed.
msk 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/30/10/2015 One CC to Mr.C.Prakasam, Sr.No.13460 One CC to Mr.R.Lakshminarayanan, Sr.No.13400 One CC to Mr.R.Jayaprakash, Sr.No.13498 To
1. Deputy Director of Health S.F.No.147, Pooluvapatti Pirivu, Neruperichal Village, Tiruppur-2 (nor working as Joint Director of Health Public health Department, DMS Compound, Chennai-18)
2. Deputy Director of Health, S.F.No.147, Pooluvapatti Pirivu, Neruperichal Village, Tiruppur-2