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Madras High CourtCONT P/678/2015closed

B.Vijay v. C.Mathivanan

2015-12-16Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice Satish K. Agnihotri3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2015

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M.M.SUNDRESH Contempt Petition No.678 of 2015 B.Vijay ..

Petitioner Vs.

C.Mathivanan, The Commissioner, Avadi Municipality, Avadi, Chennai - 54.

..

Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for its wilful act of disobedience in following the mandatory direction given by this Court in W.P.No.26298 of 2013 dated 29.10.2013.

For Petitioner .. Mr.K.Jagannadha Rao For Respondent .. Mr.P.Srinivas

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) This Contempt Petition is filed on the ground that the order dated 29 October 2013 rendered in W.P. No.26298 of 2013 has not been complied with by the respondent. 2.This Court, by order dated 29 October 2013, directed the first respondent - Commissioner, Avadi Municipality, to consider the representation of the petitioner and pass a final order within a period of eight weeks.

3.The first respondent has filed counter affidavit dated 19 September 2015 stating that order has been passed on 31 December 2014. But a copy of the said order has not been produced. Indisputably, even if the order has been passed on 31 December 2014, it is not a proper compliance as the direction issued was to consider the representation and pass orders within a period of eight weeks. However, in the facts of the case, we are not inclined to proceed further.

4.Accordingly, the Contempt Petition is closed with a direction to the first respondent - Commissioner, Avadi Municipality, Chennai, to send a copy of the aforestated

order dated 31 December 2014 to the petitioner by Registered Post with Acknowledgement Due, within a period of one week from today.

Mmi 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/29/12/2015 To The Commissioner, Avadi Municipality, Avadi, Chennai - 54.