N. Karthik v. Mrs. Girija Vaidyanathan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 10.07.2019

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE M.SUNDAR Contempt Petition. No.393 of 2018 N.Karthik Member of Legislative Assembly, Singanallur Assembly Constituency, No.20, Gandhi Nagar, Masakalipalayam, Upplipalayam, Coimbatore - 641 105

...Petitioner

Vs.

1.Mrs.Girija Vaidyanathan, Chief Secretary, Government of Tamil Nadu Secretariat, Fort St.George, Chennai - 9.

2.Dr.Niranjan Mardi, Home Secretary, Government of Tamil Nadu Secretariat, Fort St.George, Chennai - 9.

3.Mr.Harmander Singh, Secretary, Municipal Administration and Water Supply and Department, Government of Tamil Nadu Secretariat, Fort St.George, Chennai - 9.

4.Mr.T.K.Rajendran The Director General of Police, Government of Tamil Nadu Kamarajar Salai, Mylapore, Chennai - 4.

5.Mr.G.Prakash The Commissioner of Municipal Corporation, Ezhilagam, Chepauk, Chennai - 5.

6.Mr.S.Palanisamy, The Director of Town Panchayats, Kuralagam, Chennai - 1.

7.Dr.K.Vijaya Karthikeyan, The Commissioner, Coimbatore Municipal Corporation, Coimbatore.

8.Mr.K.Periaiah The Commissioner of Police, Coimbatore City, Coimbatore 9.Mr.T.N.Hariharan The District Collector, Coimbatore District, Coimbatore.

...Respondents

Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for wilful disobedience of the order of this Court passed in W.P.No.31084 of 2017 dated 30.11.2017.

For Petitioner :

Mr.Richardson Wilson for Mr.R.Girirajan Mr.M.Elumalai Government Advocate for R1 to R6, R8,R9 Mr.K.Magesh for R7 For Respondent :

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Alleging that the order dated 30.11.2017 passed by this Court in W.P.No. 31084 of 2017 has not been complied with, the present contempt petition has been filed.

2. Though the order passed by the Division Bench, which is a comprehensive one, has not been complied with, we are inclined to accept the affidavit filed by the 9th respondent. The relevant paragraph reads thus:- "12. I once again submit that this respondent has never violated or intended to violate the orders passed by the Hon'ble Court. However, if the Hon'ble Court comes to the conclusion that this respondent has violated the orders of this Hon'ble Court I hereby tender my unconditional apology and pray to purge me out of the contempt of court proceedings."

3. The larger issue is also being monitored by this Court in some other proceedings with respect to erection, display of hoardings, placards and banners.

4.In such view of the matter, the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mmi/ssm //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.

Mv/07/08/2019