K.Loganathan v. A.Muruganantham

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.06.2016 CORAM :

THE HON'BLE MR. JUSTICE S.VAIDYANATHAN Cont. Petn.No.316 of 2015 1 K.LOGANATHAN THE HOSUR COOP. HOUSE BUILDING SOCIETY LTD.

REP. BY ITS PRESIDENT K.LOGANATHAN HAVING OFFICE AT APPAVOO NAGAR THALLY ROAD, HOSUR 635 109 ... Petitioner Vs 1 A.MURUGANANTHAM THE DEPUTY REGISTRAR REGIONAL COOPERATIVE HOUSING SOCIETIES NO.15 1ST WEST MAIN ROAD GANDHI NAGAR VELLOR 2 VANITHA MANAGER-CUM-SECRETARY HOSUR COOPERATIVE HOUSE BUILDING SOCIETY LTD. NO.18 2ND STREET LAKE AVENUE HOSUR KRISHNAGIRI DISTRICT 3 MR.K.MURUGESAN S/O.LATE.KANDASAMY SUPERVISOR HOSUR COOPERATIVE HOUSE BUILDING SOCIETY LTD.

M1/5 TNHB AVALAPALLI ROAD HOSUR KRISHNAGIRI DISTRICT ... Respondents Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent herein for contempt of court for violating the undertaking given to this court through an affidavit and for disobeying the orders of this court dated 18.06.2014 and 20.08.2014 passed in W.P.No.34933 of 2013.

For Petitioner : Mr.R.Bharathkumar

O R D E R

This contempt petition is filed for the non-compliance of the order made in W.P.No.34933 of 2013.

2.When this contempt petition was listed on 25.02.2016, learned Advocate Commissioner was appointed by this Court. Today, this matter is listed along with the report of the learned Advocate Commissioner. It is seen from the records that the Advocate Commissioner has completed the task assigned to him in one room and the xerox copy of the records were also given to the respondents 3 and 4 in W.P. and the originals were handed over the writ petitioner.

3. Learned counsel appearing for the petitioner as well as the learned counsel for the intervenor would submit that they have not put the locks and seek indulgence of this Court to take inventory of the records kept in that room in the presence of the officers concerned and that the locks may be directed to be break open.

4. Heard the submissions made on either side and perused the report submitted by the learned Advocate Commissioner.

5. Considering the facts and circumstances of the case, if the petitioner wants to take inventory of the records, it is open to him to make a representation before the Board/Registrar and it is for the Board/Registrar to consider the same. However, as the petitioner is willing to have inventory in the presence of the Society Officers, the Board/Registrar shall consider the representation if any made by the writ petitioner and pass orders on the same within a period of fifteen days from the date of receipt of a copy of this order if there are no legal impediments.

With the above observation, this Contempt petition is closed.

smi SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. 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/30/06/2016 One CC to Government Pleader, SR.6942/2016 One CC to Government Pleader, SR.6981/2016 One CC to Mr.P.D.Audikesavalu, Advocate, SR.6915/2016