Madras High CourtCONT P/1690/2024closed

Gopal P.N v. Ms.Sunil Paliwal, I.A.S.,

2024-08-19Honourable Mr Justice Battu Devanand4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.08.2024

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Gopal P.N.

... Petitioner Vs.

Sunil Paliwal, IAS, The Chairperson, Chennai Port Authority, Chennai - 600 001.

... Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent for contempt of the orders passed by this Court in W.P. No. 2870 of 2024 dated 09.02.2024. For Petitioner : Ms. S. Vennila For Respondent : Mr. AR.L. Sundaresan, Senior Counsel Assisted by Mr. P. Ulaganathan

O R D E R

This Contempt Petition has been filed complaining wilful disobedience on the part of the respondent in implementing the order 1/4

dated 09.02.2024 in W.P. No. 2870 of 2024.

2. On 08.07.2024, this Court prima facie satisfied that the respondent wilfully disobeyed the order of this Court and accordingly, issued statutory notice.

3. Today the respondent present before this Court.

4. Learned Senior Counsel appearing for the respondent submits that the order of this Court dated 09.02.2024 has been complied with by issuing proceedings dated 16.08.2024.

5. Learned counsel appearing for the petitioner also endorsed that the order dated 16.08.2024 passed by the respondent has been communicated to the petitioner.

6. On consideration of the entire facts and circumstances of the case, this Court is of the opinion that, as the respondent has issued proceedings dated 16.08.2024 in compliance of the order of this Court, now it is for the petitioner to challenge the same in the proper forum if he aggrieved by following due process of law.

2/4

7. Infact, while disposing the writ petition on 09.02.2024, this Court directed the respondent to dispose of the representation of the petitioner in accordance with law within a period of four weeks from the date of that order. As the respondent issued proceedings on 16.08.2024 in compliance of the order of this Court, admittedly, there is some delay in passing the order. However, considering the delay occurred is very meagre, this Court intends to take lenient view in considering the same.

8. In view of the above factual position, in our considered view, no further adjudication is required in this contempt petition.

9. Accordingly, this Contempt Petition is closed. 19.08.2024 Index :Yes/No AT 3/4

BATTU DEVANAND,J.

AT 19.08.2024 4/4