N Kumarasami v. M Nandagopal
In the High Court of Judicature at Madras Dated : 17.6.2016 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM Contempt Petition No.1143 of 2016 N.Kumarasami ... Petitioner Vs 1.Dr.M.Nandagopal, District Collector, Vellore District, Vellore.
2.Er.Mr.R.M.Mahalingam, Superintending Engineer, TANGEDCO, Vellore.
3.Deivasigamani ... Respondents PETITION under Section 11 of the Contempt of Courts Act to punish the respondents for the disobedience of the orders of this Court in W.P.No. 22939 of 2015 dated 4.11.2015.
For Petitioner :
Mr.N.Suresh For Respondents 1 & 2 :
Mr.R.Rajeswaran, SGP
ORDER
This contempt has been filed alleging that the orders passed by this Court have not been complied with.
2. The instructions from respondents 1 and 2, show that
the third respondent is not operating the saw mill and therefore, the question of obtaining a licence from the Central Empowered Committee does not arise. Photographs of the unit produced show that it is a wood carving unit and if that is the case, the *third Respondent has to obtain appropriate licence from Local Body namely Vellore Municipal Corporation.
3. The allegation of the petitioner is that the third respondent is operating the unit in utter disregard to the pollution norms and on account of heavy vibration, cracks have developed in the petitioner's property.
4. Since the petitioner has not impleaded the Vellore Municipal Corporation as a party respondent in the contempt petition, this contempt petition is closed with liberty to the petitioner to file a representation before the Commissioner, Vellore Municipal Corporation along with a copy of this order, setting out the grievances against the third respondent. On receipt of such a representation, the Commissioner shall direct his officer to conduct a surprise inspection of the third respondent unit and thereafter proceed in accordance with law. The above exercise shall be completed by the Commissioner, Vellore Municipal Corporation, within a period three weeks from the date, on
which, the representation is filed.
SD/- JOINT REGISTRAR(OS) //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.
*amended as per order dated 12.08.2016 in Cont.P.No.1143/2016 by TSSJ DP/CO/15/07/2016 To The Commissioner, Vellore Municipal Corporation, Vellore.
One CC to Government Pleader, SR.7151/2016 One CC to M/S.N.Suresh, SR.7266/2016 One CC to Mr.M.Varun Kumar, Sr.7264/2016