Saminathan v. M/S.S.Chithra,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.05.2022 CORAM :

The Hon'ble Mr.Justice C.SARAVANAN Saminathan, 65/30, Dr.Dharmalingam Road, Block No.B, Dharmapuri ... Petitioner Vs.

S.Chithra M.Com Commissioner, Dharmapuri Municipality, Dharmapuri.

... Respondent Contempt Petition filed under Section 11 of Contempt of Courts Act 1926, seeking to punish the respondent for not complying with the order dated 27.03.2019 in W.P.No.4562 of 2019.

For Petitioner :

Mr.G.Munuraj For Respondent :

Mr.R.Balathandayutham, Special Government Pleader

ORDER

This Contempt Petition has been filed by the petitioner for alleged violation of the order dated 27.03.2019 of this Court in W.P.No.4562 of 2019. The said Writ Petition was filed by the petitioner for the following relief:- "for issuance of a Writ of Certiorari calling for all the records 1/3

pertaining to the final notices dated on 22.02.2018 and 18.12.2018 and quash the same"

2. An order came to be passed by this Court on 27.03.2019. The operative portion of the said order reads as under:- "5. Bearing in mind the aforesaid submissions and in the interests of justice, I am inclined to quash the two impugned final notices inasmuch as there are no materials to show that the petitioner was put to notice prior to the demands being raised upon him now. The Corporation is at liberty to issue Show Cause Notice with calculation sheets, upon receipt of which, the petitioner will file his objections. Appropriate orders shall be passed after consideration of the objections filed by the petitioner, after affording opportunity of personal hearing."

3. It is the specific case of the petitioner that without issuing a show cause notice, the respondent is coming to the house of the petitioner and demanding money and this conduct of the respondent is contemptuous.

4. The learned counsel for the respondent stated that he has no instructions and submits that there is no intention to collect any amount contrary to the order passed by this Court and that appropriate notice will be issued and adjudicated and thereafter, the demands will be made. 2/3

5. Recording the same, this Contempt Petition is closed. The respondent is directed to issue appropriate notice to the petitioner before proceeding to recover the amount from the petitioner. Needless to say that before passing such order, the respondent shall also hear the petitioner. SD/- ASSISTANT REGISTRAR(COMM.CASES) tsg/sni //Certified to be true copy// Dated at Madras this the day of 2022. 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/14/06/2022 To The Commissioner, Dharmapuri Municipality, Dharmapuri.

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