Mr.R. Easwaran v. S. Balakrishnan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2022

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN and THE HONOURABLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY Contempt Petition No.1451 of 2022 Mr.R.Easwaran ..

Petitioner vs 1.S.Balakrishnan 2.Mr.S.Vineeth, I.A.S., The District Collector, Tiruppur.

3.Mr.Bhandarinadhan, The Revenue Divisional Officer, Tiruppur.

4.Mr.Nandhagopal, The Tahsildar, Palladam.

5.Mr.K.Bharathkumar, The Authorized Officer, Bank of India, Avinashi Branch, 3/45, Ward No.3, Sreenivasapuram, Coimbatore Main Road, Avinashi, Tiruppur - 642 654.

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6.Mr.Amareshwara Reddy, The Manager, Bank of India, 3/45, Ward No.3, Sreenivasapuram, Coimbatore Main Road, Avinashi, Tiruppur - 642 654.

7.Mr.Anbumani, The Zonal Manager, Coimbatore Zone, Bank of India, 324, Oppanakara Street, Coimbatore - 641 001.

..

Respondents PRAYER : Petition filed under section 11 of the Contempt of Courts Act, to punish the respondents for willful disobedience of the direction issued by this Court in WP.No.6402 of 2020, dated 15.04.2021. For Petitioner : Mr.Abdul Saleem For Mr.S.Senthil For Respondents : Mr.S.John J.Raja Singh Additional Government Pleader for R2 to R4 ----- 2 / 5

O R D E R

This contempt petition is filed for punishing the respondents for having not obeyed the order of this Court dated 15.04.2021 in WP.No.6402 of 2020.

2. When the matter is taken up for hearing, Mr.S.John J.Raja Singh, learned Additional Government Pleader appearing for the respondents 2 to 4 has produced a copy of the proceedings issued by the District Magistrate and District Collector, Tiruppur, dated 14.07.2022, the operative portion of which reads as follows:- "3. In compliance to the orders of the Hon'ble High Court and after perusing carefully, the report of Revenue Divisional Officer, Tiruppur and Tahsildar, Palladam, it is found that proceedings under SARFAESI Act could not be carried out now, till the matter is decided by the competent Court. Hence, the proceeding issued under sub section (1A) of Section 14 of SARFAESI Act vide references 2nd and 6th cited are hereby cancelled."

Thus, according to the learned Additional Government Pleader, there is no requirement to pursue this contempt petition. 3 / 5

3. The learned counsel for the petitioner has submitted that the averment made by the learned Additional Government Pleader appearing for the respondents 2 to 4 that the respondents have dropped the proceedings, may be recorded and the Contempt Petition be closed.

4. Recording the submissions made by the learned counsel on either side, this contempt petition stands closed.

[S.V.N., J] [S.K.R., J] 02.11.2022 Speaking Order: Yes / No.

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S.VAIDYANATHAN , J.

and SENTHILKUMAR RAMAMOORTHY, J.

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