Madras High CourtCONT P/418/2017closed

S.Panneerselvam v. Periyasamy Prahaladan

2017-10-27Honourable Mr Justice T. S. Sivagnanam3 pages

In the High Court of Judicature at Madras Dated : 27.10.2017 Coram The Honourable Mr.Justice T.S.SIVAGNANAM Contempt Petition No.418 of 2017 S.Panneerselvam ... Petitioner Vs Periyasamy Prahaladan, Executive Engineer, P.W.D., Water Resources Organization, Sarabanga Drainage Division, Collectorate, Namakkal.

... Respondent PETITION under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for having willfully disobeyed the order of this Court dated 18.3.2015 made in W.P.No.24871 of 2014.

For Petitioner : Mr.L.Abrar Md.Abdullah For Respondent : Mr.R.Rajeswaran, SGP

ORDER

A reference may be made to the orders dated 17.3.2017, 14.7.2017, 08.8.2017 and 15.9.2017.

2. The petitioner filed this contempt petition contending that there is a willful disobedience of the direction issued by this Court.

3. The respondent produced a sketch showing as to how the order has been complied with and with regard to the remaining area, the respondent stated that there is an order of status quo in W.P.No.13659 of 2015 and an order of interim injunction in I.A.No.397 of 2015 in O.S.No.191 of 2015 on the file of the District Munsif Court, Namakkal. When this Court recorded the said submission, on behalf of the petitioner, a request was made to get appropriate instructions. However, till date, the petitioner has not been able to produce any record to show that he has entered appearance in the suit and that the order of interim injunction has been vacated. Thus, there is no willful disobedience of the order of this Court.

4. Hence, the contempt petition is closed giving liberty to the petitioner to file a fresh contempt petition, after the disposal of the said writ petition and after vacating the interim order granted in the civil suit, if still need arises.

SD/ ASSISTANT REGISTRAR(OS-I) rs //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

RS/CO/18/01/2018 one cc to Government Pleader SR, No. 13107.