Madras High CourtCONT P/2098/2018closed

M/S.Liagat Ali v. Mr.R.Paneerselvam

2018-12-12Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2018

CORAM:

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU Cont P No.2098 of 2018 M.Liagat Ali

...Petitioner

1. Mr.R.Paneerselvam The Revenue Divisional Officer, R.D.O. Office, Ambattur, Chennai 600 101.

2. Mrs.E.Sundaravalli District Collector, Collector Office, Tiruvallur.

3. Mr.J.Ravi, The Executive Officer, Special Division I J.J.Nagar, Kollam, Tamil Nadu Housing Board, Chennai 600 040.

...Respondents

Contempt Petition filed under Section 11 of the Contempt of Courts Act 1971, praying to punish the respondent for their willful disobedience of the order of this Court dated 30.01.2018 in W.M.P.No.2197 of 2018 in W.P.No.1771 of 2018.

For Petitioner :

Mr.L.Chandrakumar for Mr.M.Abdul Nazeer For Respondents :

Mr.D.Suriyanarayan Additional Government Pleader for R1 & 2 Mr.B.Vivekavanan Standing Counsel for R3

O R D E R

This contempt petition is filed by complaining that the interim order of status quo granted in W.M.P.No.2197 of 2018 in W.P.No.1771 of 2018 dated 30.01.2018 is violated by the third respondent.

2. The cause of action for filing this contempt petition is based on a communication issued by the third respondent to the police dated 26.07.2018, requesting them to give police protection to the officials of the Tamil Nadu Housing Board in securing the subject matter property. In the said communication, the third respondent in W.P.No.1771 of 2018, has referred as though the order of status quo granted, has no connection with the Tamil Nadu Housing Board. However, the fact remains that the interim order of status quo was granted as against all the respondents including the third respondent, who is representing the Tamil Nadu Housing Board.

3. Hence, this Court heard the matter on 07.12.2018, on which day, the learned counsel for the third respondent submitted that the said letter dated 26.07.2018 was inadvertently drafted by the third respondent without knowing the consequences. Therefore, the learned counsel submitted that the third respondent will withdraw the said

communication and also tender unconditional apology.

4. Accordingly, today this matter is listed for further hearing. Today, when the matter is taken up for hearing, an affidavit is filed by the third respondent dated 12.12.2018, wherein, at Paragraph No.6, it is stated that the third respondent tenders his unconditional apology for the act of willful disobedience and also stated that he has withdrawn the letter dated 26.07.2018 without any condition.

5. In view of the above said unconditional apology tendered by the third respondent and also his action in withdrawing the letter dated 26.07.2018 without any condition, this contempt petition is closed. All other dispute between the parties can be worked out in the main writ petition.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mk //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/10/01/2019