Grama General Welfare v. Su. Deiveekan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2016

CORAM:

THE HON'BLE MR. JUSTICE SATISH K. AGNIHOTRI and THE HON'BLE MR. JUSTICE M. VENUGOPAL Contempt Petition No.15 of 2016 Grama General Welfare Sangam Registration No.7 of 2015 represented by its President Pasarai Balu Kamaraj Nagar Kachirapalayam Chinna Salem Taluk Villupuram District Petitioner Vs.

Mr. Su. Deiveekan S/o Subramanian The Executive Officer Town Panchayat Vadaganandal Chinna Salem Taluk Villupuram District Raman Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the respondents for wilful and deliberate disobedience of the order dated 17.04.2015 passed by this Court in W.P. No.3518 of 2015.

For petitioner Mr. K. Balakrishnan For R1 Mr. P.S. Sivashanmugasundaram Special Government Pleader

ORDER

(delivered by SATISH K. AGNIHOTRI, J.) This contempt petition is filed alleging non-compliance of the order dated 17 April 2015 passed in W.P. No. 3518 of 2015.

On 17 April 2015, this Bench, while disposing of the writ petition filed by the present contemner, held as under:

"4.

A copy of the notice dated 'nil' has been produced before us, which does not indicate anything as to whether it was filed or not and also if filed, 'when'. We are not going into the contents of the so-called explanation filed by the eighth respondent, since notice has also been issued for locking and sealing the building, question. It is open to the authorities to take appropriate action in accordance with law, within the statutory period prescribed under provisions of law. The eighth respondent is at liberty to appear in person and to make appropriate submission, if so advised." Despite the aforestated observation made by this Bench, finding no action on the part of the authorities, the instant contempt petition is filed.

In response to the notice ordered by this Court on 25 February 2016, Mr. N.V. Kanniappan, Executive Officer of the Vadaganandal Town Panchayat, has filed an affidavit stating that the earlier notice could not be served on the proper person and as such, consequential action could not be taken. Anyhow, now, a notice has been served on the second respondent and Boyar Sangam on 01 March 2016, granting 30 days time for removal of materials by the second respondent besides stating therein that in default, locking and sealing will be resorted to.

In view of the above development, we make it clear that the violators will not be entitled to any further extension of time on completion of 30 days and consequential

action shall be taken by the authorities in accordance with law.

With the above observation, the contempt petition stands closed.

Cad SD/ DEPUTY 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. GSR/CO/12/04/2016 One CC to Mr.P.Valliappan, Advocate, SR.3696 One CC to Mr.K.Balakrishnan, Advocate, SR.3262