A.K.Velan v. Mr.A.Senthil Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.10.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Ms. Justice P.T. ASHA A.K.Velan ... Petitioner -vsA.Senthil Kumar, Executive Officer, Town Panchayat Office Ulundurpet Post and Taluk, Villupuram District ... Respondent Petition filed under Section 11 of Contempt of Court's Act to punish the respondent herein for his wilful disobedience and violation of the order of this Court made in W.P.No.10963 of 2018 dated 08.06.2018. For Petitioner : Mr.A.K.Velan (Party in Person) For Respondents : Mrs.A.Srijayanthi, Spl.GP

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] No representation on the part of the petitioner of the petitioner.

2. Perused the status report filed by the respondent. Relevant paragraphs are extracted hereunder:- "6. It is humbly submitted that the proposal from Town Panchayat for laying roads is submitted to the Directorate in cluster wise, obviously for the reason that the executing of road works subject to completion of underground draining erection works and availability of funds under different schemes and loans. Accordingly, the works are addressed.

The Ulunthurpet Town Panchayat has been granted with funds for restoration and development of streets/roads, from the Capital Grand Fund (CGF), NABARD Fund (NF), Integrated Urban Development Mission Fund (IUDM), Tamil Urban Road Improvement Fund (TURI), Operation and Maintenance (O&M) Fund and Finance Commission fund/grant. Now, the Under Ground Drainage work is almost in a complete stage to complete and the Town Panchayat has restored most of the streets and roads that were handed over so far.

S.N o Descripti on Proposal Submitted Tender Process Complete d Work Under Progre ss Work Complete d Total (1) (2) (5) (6) (7) (8) (8) No of Roads Nos Stage in Percentage % 27.77 22.65 24.

24.79 100%

7. It is submitted that the number of major streets and roads in Ulunthurpet Town Panchayat is 234 and they are fall under 18 Wards. As on date, proposal is submitted and the required funds are waiting to execute the work in 82 streets. The tender process already completed and ready for laying work in 20 streets/roads. The works is under progress in 59 streets/roads. The BT laying works is completed in 73 street/roads. The Town Panchayat has been taking earnest steps to complete those works under progress, which requires considerable time and financial resources from the Government and Central Government agencies."

3. From the above, it appears that the process is rather huge involving substantial sanction of money by the Government followed by work at different levels after conducting tender process.

4. In such view of the matter, we do not find any wilful disobedience on the part of the respondent in complying with the order passed by this Court. Though the contemnor could have come before this Court and explain the difficulties, we expect the contemnor to expedite the process.

5. With the above, the present Contempt Petition stands closed. Liberty is given to the petitioner to take appropriate action in the event of continued delay on the part of the respondent.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ak/mvs //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/11/11/2020 To The Executive Officer, Town Panchayat Office Ulundurpet Post and Taluk, Villupuram District.