Y.M.C.A. College Of Physical Education v. V.Muthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.488 of 2021 Y.M.C.A. College of Physical Education, Represented by its Principal, Mr.George Abraham, Nandanam, Chennai - 600 035.

Petitioner vs.

V.Muthu, No.21/8, Rajagopal Street, Saidapet, Chennai 600 015 Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent herein for deliberate and willful disobedience of the orders of this Court dated 29.01.2021 in W.P.No.1718 of 2021. For Petitioner : Mr.Sharath Chandran For Respondents : Mr.V.J.Jayaprakash

ORDER

This petition has been filed to punish the respondents for non-compliance of the order passed in W.P.No.1783 of 2020 dated 20.02.2020. 2.Pursuant to the orders passed by this Court on 22.11.2021, the 4th respondent has filed an affidavit before this Court. The relevant portions in the

undertaking affidavit are extracted hereunder: 3.I beg to submit that I have not willfully disobeyed the orders of this Hon'ble High Court dated 29.01.2021 in W.P.No.1718 of 2021 and as such I undertake that will sincerely and scrupulously obey the orders of this Hon'ble High Court in present and in future. 4.I beg to submit that in the said writ petition. I have also find the petition to vacate the order dated 29.01.2021 and the counter in the writ petition by bringing to the notice of this Hon'ble High Court as to the real facts in the case and as such I further undertake that I will also obey and act in accordance with the directions if any passed by this Hon'ble High Court.

5.I beg to submit that I am now aged about 76 years and so far I have never faced any such acquisition of acting against the orders of any courts.

6.I beg to submit that I am having great respect to the Hon'ble Courts and I am always a believer in the Courts and its proceedings and as such I always acknowledge and bind myself to the authority of the Court and its orders and as such I further undertakes that I will scrupulously obey and follow the orders already passed on 29.01.2021 and any future order that may be passed by this Hon'ble High Court in this contempt petition and the main writ petition in W.P.No.1718 of 2021.

I therefore respectfully pray that this Hon'ble Court may be

pleased to accept my unconditional apology and undertaking and discharge me from this contempt proceedings by admonishing me of the allegations of contempt and thus render justice. 3.In view of the above, this Court taking into consideration the age of the 4th respondent and the unconditional undertaking given before this Court that the 4th respondent will obey the order and will not violate the same in future, this Court does not want to further precipitate this matter on the hope that the 4th respondent complies with the undertaking.

4.Accordingly, this contempt petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ssr //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/03/03/2022