A.Sivakumar v. Shantha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.09.2021

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU A.Sivakumar, 48-C/23, Warners Road, Contonment, Trichy - 01 ... Petitioner -vs1. Shantha The District Collector, Collectorate Office, Perambalur District.

2. D.Aravindhan, South Street, Santhanavadi, Veppanthattai, Perambalur - 621 115 ... Respondents Prayer:- Contempt Petition is filed under Section 11 of the Contempt of Court Act, to punish the First Respondent for an offence of committing contempt of court by not obeying the order passed in W.M.P. No. 33058 of 2019 in W.P. No. 32654 of 2019 on 21.11.2019. For Petitioner : Mr. K.Sathyaball For First Respondent : Mr. C.Harsharaj Government Counsel 1/3

O R D E R

(through video conference) Heard Mr. K.Sathyaball, Learned Counsel for the Petitioner and Mr. C.Harsharaj, Learned Government Counsel for the First Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2.

This Court by an interim order dated 21.11.2019 in W.M.P. No.33058 of 2019 in W.P. No. 32654 of 2019 had directed the award of the contract pursuant to the impugned tender shall be subject to the result of the Writ Petition which shall be mentioned in all the proceedings in that regard. 3.

This Contempt Petition has been filed alleging that in violation of the aforesaid order, the successful bidder has been awarded the contract by order dated 23.06.2021 by the First Respondent. Mr. Harsha Raj, Learned Additional Government Counsel appearing for the First Respondent points out that it has been specifically mentioned in clause 4(ii) of the said order dated 23.06.2021 that the award of the contract to the successful bidder is subject to the result of the Writ Petition, which satisfies the condition imposed by the Court. In view of the same, the Petitioner has not made out any case of contempt having been committed by the Respondents. However, it is made clear that the parties are not precluded from agitating their 2/3

respective rights in the Writ Petition in accordance with law. In the result, the Contempt Petition, which does not deserve to be entertained, is dismissed with the aforesaid clarification. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) dm/vjt //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/01/10/2021 To The District Collector, Collectorate Office, Perambalur District.

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