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Madras High CourtCONT P/3213/2014closed

M.Ramasamy v. Mohan Verghese Chunkath Ias

2021-04-07Honourable Mr Justice R.Subbiah,Honourable Mrs Justice S.Kannammal3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2021

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH AND THE HONOURABLE MRS.JUSTICE S.KANNAMMAL Contempt Petition No.3213 of 2014 M.Ramasamy, Valayapalayam, Attipalayam Post, Aravakurichi Taluk, Karur District ..Petitioner vs

1. Thiru. Mohan Verghese Chunkath, I.A.S., The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai 600 009.

2. Thiru. Hans Raj Verma, I.A.S., The Secretary, Government of Tamil Nadu, Department of Environment and Forests, Fort St. George, Chennai 600 009.

3. Thiru. A.P.Kandasamy, President, Noyyal River Ayacutdars Protection Association, Athipalayam, Athipalayam Post, K.Paramathi via, Karur District 639 111.

..Respondents PRAYER : Petition filed under section 11 of the Contempt of Courts Act, to punish the respondents for not complying with the order dated 01.11.2012 in WP.No.3553 of 2012 as confirmed by the Supreme Court in order dated 26.03.2014 in Civil Appeal Nos.4564-4583 of 2013. For Petitioner : Mr.S.Shyam Kumar For Respondents : Mr.S.Prabhu, AGP (Forest), for RR1 &2 Mr.D.Ravichander, for R3 ----- 1 / 3

O R D E R

This contempt petition has been filed alleging non-compliance of the order and direction issued by this Court in WP.No.3553 of 2012, dated 01.11.2012.

2. It is represented by the learned Additional Government Pleader appearing for the respondents 1 and 2 that the District Collector, Tiruppatur has filed a status report, dated 13.03.2021 on behalf of the respondents 1 and 2 stating that challenging the order dated 01.11.2012 in WP.No.3553 of 2012, the third respondent-Association filed a Writ Petition in WP.No.32146 of 2017, and the same was dismissed. Subsequently, filed an appeal in SLP (Civil) No.2657 of 2018 before the Supreme Court and got interim injunction. Hence, nothing survives for adjudication in this Contempt Petition and therefore, the same may be closed.

3. The learned counsel for the petitioner submitted that the petitioner is proposed to file an application before the Supreme Court in the above SLP to implead him as a party.

4. Be that as it may. As an interim injunction was granted as against the order dated 01.11.2012, no purpose will be served in keeping the Contempt Petition pending and hence, the same is closed. However, if the 2 / 3

petitioner succeeds before the Supreme Court, he is at liberty to re-open the Contempt Petition.

SD/- ASSISTANT REGISTRAR(COMM.CASES) pvs //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/02/07/2021 To

1. The Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai 600 009.

2. The Secretary, Government of Tamil Nadu, Department of Environment and Forests, Fort St. George, Chennai 600 009.

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