K.B.Rajendran v. Tvl.Prakash Govindasamy,I.A.S.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved On 24.03.2021 Pronounced On 02.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH and THE HONOURABLE MR.JUSTICE C.SARAVANAN K.B.Rajendran, S/o.Late K.Balasubramaniam Old No.25-A, New No.32, Dr.Ambedkar First Street, Villivakkam, Chennai - 600 049 ... Petitioner/Petitioner Vs.

Tvl.Prakash Govindasamy, I.A.S., The Commissioner, The Greater Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

... Respondent/3rd Respondent Petition filed under Section 11 of Contempt of Court Act, to punish the Respondent for wilfully, knowingly and deliberately disobeyed the Orders in the Writ Petition No.28504 of 2019 dated 01.10.2019 under Section 11 of the Contempt of Court Act, 1971.

For Petitioner : Mr.K.B.Rajendran Party-in-Person For Respondent : Mr.K.Rajashrinivas 1/3

ORDER

C.SARAVANAN, J.

The petitioner has filed this contempt petition to punish the respondent for alleged wilful and deliberate disobedience of order dated 01.10.2019 passed by this Court in W.P.No.28504 of 2019.

2. By the aforesaid order, we had declined to entertain the said writ petition filed by the petitioner and dismissed it. We however made it clear that if there was any breach of the directions given by Co-ordinate Bench of this Court in W.P.No.12609 of 2017. The petitioner was at liberty to take appropriate proceedings in the said matter. While dismissing W.P.No.28504 of 2019, we also gave liberty to the petitioner to workout his remedy by way of a civil suit against the 4th respondent in the writ petition.

3. It is therefore not clear as to how this contempt petition is maintainable. We can only attribute ignorance and negligence on the part of the petitioner in filing the present contempt petition. We are therefore inclined to dismiss this Contempt Petition with cost. However, considering the fact that the petitioner is a party-in-person and may not be fully aware of the fact that he has wasted not only his time but also precious judicial time by filing this frivolous contempt petition, we are willing to overlook the fault of the petitioner this time. We therefore 2/3

refrain from imposing any cost on the petitioner this time.

4. This Contempt Petition is dismissed with the above observations. SD/- ASSISTANT REGISTRAR(COMM.CASES) arb //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.

To The Commissioner, The Greater Corporation of Chennai, Ripon Buildings, Chennai - 600 003.

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