M/S.Neutrino Bio Technologies Pvt Ltd v. I.S.Mercy Ramya

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN M/s.Neutrino Bio Technologies Pvt., Ltd., Rep. by its Director, G.Ramesh, S/o.Gangatharan, No.7, 1st lane, Thiyagappa Mudali Street, Kilpauk, Chennai - 10.

... Petitioner Vs.

I.S.Mercy Ramya The Sub Collector, Tindivanam.

... Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondent for gross disobedience of the order of this Court in W.P.No.2347 of 2019 dated 29.01.2019. For Petitioner : Mr.N.Suresh For Respondent : Mr.V.Jeevagiridharan Additional Government Pleader

O R D E R

This Contempt Petition has been filed to punish the respondent for gross disobedience of the order passed by this Court dated 29.01.2019 in W.P.No.2347 of 2019, thereby directing the respondent herein to consider and pass orders on the representation of the petitioner dated 17.10.2017, on 1/3

merits and accordance with law, after issuing notice to the petitioner and also affording due opportunity of hearing to him as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of the order.

2. However, the respondent passed an order in Na.Ka.No.A2/3042/2014, dated 16.05.2019 without giving opportunity of hearing to the petitioner. Therefore, while pending this contempt petition, this Court by an order dated 14.11.2019, kept the order passed by the respondent herein dated 16.05.2019 in abeyance and directed the respondent to conduct fresh enquiry on 25.11.2019 by hearing the petitioner in person and pass appropriate orders on merits and in accordance with law.

3. Accordingly the respondent conducted enquiry on 26.11.2019 and passed order on 26.11.2019 and rejected the request made by the petitioner and also directed the petitioner to go before the Civil Court for appropriate relief, since already the suits are pending before the Principal District Munsif Court, Tindivanam in O.S.No.13 of 2016 and O.S.No.45 of 2018.

4. However, the learned counsel for the petitioner would submit that the suit in O.S.No.45 of 2018 is struck off by the learned Principal District Munsif Court, Tindivanam.

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5. Therefore, the petitioner is at liberty to make fresh representation before the respondent subject to the result of the suit in O.S.No.13 of 2016 pending on the file of the learned Principal District Munsif Court, Tindivanam.

6. In view of the above direction, this contempt petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) dm //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/21/12/2021 To The Sub Collector, Tindivanam.

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