K.S.Samuthradevi v. R.Palanisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH Contempt Petition No.823 of 2016 in W.P.No.1235 of 2016 K.S.Samuthradevi, President, Movement of Women Fishermen Living Rights, No.560, 13th Street, New Washermenpet, Royapuram, Chennai-600 081.

[ Petitioner] Vs Mr.R.Palanisamy, Managing Director, Tamil Nadu Slum Clearance Board, Chepauk, Chennai-600 005.

[Respondent] Petition filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent herein for his wilful disobedience of the order dated 12.01.2016 passed by this Court in W.P.No.1235 of 2016.

For Petitioner : Mr.T.V.G.Kartheeban For Respondent : Ms.D.Latha

O R D E R

Alleging that the order dated 12.01.2016 passed by this Court in W.P.No.1235 of 2016 is not complied with, the present contempt petition has been filed.

2.The learned counsel for the petitioner submits that no action is forthcoming at the instance of the https://hcservices.ecourts.gov.in/hcservices/ respondent/contemnor, in respect of the order passed by this Court.

3.The learned counsel for the respondent/contemnor submits that pursuant to the order passed by this Court, an order was passed in and by proceedings dated 26.02.2016 and it was also communicated to the petitioner about the passing of the order, but the petitioner has not claimed it. He further submitted that it was specifically stated in that order that the request of the petitioner cannot be considered, but however, the same would be considered based upon the report of the Committee.

4.In view of the above submission made by the learned counsel for the respondent, this Court is unable to hold that the respondent has wilfully disobeyed the order passed by this Court. The order dated 26.02.2016 passed by the respondent is sufficient to claim that the order passed by this Court in the writ petition has been complied with. 5.Accordingly, the contempt petition is closed, giving liberty to the petitioner to work out her remedy in the manner known to law. The respondent is also at liberty to proceed further in pursuant to the order dated 26.02.2016. Sd/- JOINT REGISTRAR(OS) KM //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.

DP/CO/31/08/2016 To The Managing Director, Tamil Nadu Slum Clearance Board, Chepauk,Chennai-600 005.

https://hcservices.ecourts.gov.in/hcservices/ one cc to M/S.T.V.G. Kartheeban, Advocate, SR.No.10595/2016