Madras High CourtCONT P/525/2018dismissed

J. Jayapaul Mohan v. Mr.P. Arunachalam

2018-03-06Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2018

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY Contempt Petition No.525 of 2018 in W.P.No.4315 of 2015 J.Jayapaul Mohan ... Petitioner VS.

Mr.P.Arunachalam B.E.

Assistant Divisional Engineer ( O & M) TANGEDCO/ North Distribution Circle I.C.F., Chennai - 600 023 ... Respondent Prayer:

Petition under Section 11 of the Contempt of Courts Act, to punish the respondent for non compliance of the time bound order of the court dated 19.02.2015 made in W.P.No.4315 of 2015.

For Petitioner : Mr.A.L.Namasivayam For Respondent : Mr.P.R.Dilip Kumar Standing Counsel

ORDER

The petitioner has filed the Contempt Petition alleging that the respondent had disobeyed the order dated 19.02.2015 passed in W.P.No.4315 of 2015 by disconnecting the service connection in the month of October 2015.

2. On a perusal of the order passed on 19.02.2015, it could be seen that Mr.P.R.Dilip Kumar, learned Standing Counsel appearing for the respondent had given an undertaking that the respondents shall not disconnect he service connection till 24.02.2015.

3. Even according to the learned counsel for the petitioner, when the matter was listed on 27.03.2015, at the request of the learned counsel for the petitioner, the matter was adjourned by one week and the interim order was extended for a period of one week. The learned counsel further submitted that subsequently the interim order was not extended.

4. When the service connection was disconnected only in the month of October 2015, the petitioner cannot file the Contempt Petition alleging that the respondent had disobeyed the orders of this Court dated 19.02.2015, i.e., during the relevant period, the service connection was not disconnected by the respondent.

5. In these circumstances, I do not find any merit in the Contempt Petition and is liable to be dismissed.

Accordingly, the Contempt Petition is dismissed. SD/- ASSISTANT REGISTRAR(COMM.CASES) RJ //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.

KR/CO/06/03/2018 To Mr.P.Arunachalam B.E.

Assistant Divisional Engineer ( O & M) TANGEDCO/ North Distribution Circle I.C.F., Chennai - 600 023