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Madras High CourtWA/1795/2022disposed of

The Revenue Divisional Officer v. S.Kamaraj

2023-10-18Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY 1.The Revenue Divisional Officer, Collectorate Office, 2.The Tahsildar, Taluk Office, Sankarapuram Taluk Office, ..

Appellants Vs.

1.S.Kamaraj 2.A.Ramachandran 3.The District Collector, Kallakurichi District, 4.The Superintendent of Police, Kallakurichi District,

5.The Inspector of Police, Sangarapuram Police Station, Sangarapuram Taluk, ..

Respondents Prayer : Appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 29.7.2022 made in W.M.P.No.12358 of 2022 in W.P.No.5993 of 2022. For the Appellants : Mr.S.Silambanan Addl. Advocate General assisted by Mrs.R.Anitha Spl. Government Pleader For the Respondents : Mr.K.M.Anand for respondent No.1 : Mr.Karthik Jagannath Government Advocate for respondents 3 to 5

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.S.Silambanan, learned Additional Advocate General, assisted by Mrs.R.Anitha, learned Special Government Pleader for the

appellants; Mr.K.M.Anand, learned counsel for the first respondent; and, Mr.Karthik Jagannath, learned Government Advocate for respondents 3 to 5.

2. Learned Additional Advocate General submits that cost of Rs.1,00,000/- is imposed upon the original respondents 3 and 4/appellant No.1 and the Superintendent of Police, Kallakurichi. It is not the fault of the appellants. The Peace Committee meeting was conducted after the order was passed. However, there was no direction to conduct the Peace Committee meeting.

3. We have considered the submissions. We have also gone through the records.

4. It does not appear that there is intentional and wanton violation of the orders of the Court.

5. Learned Additional Advocate General, on instructions, submits that the first appellant and the fourth respondent voluntarily

would donate Rs.30,000/- to the Cancer Institute, Adyar, Chennai-20.

6. In the light of the above, the impugned order imposing cost is set aside and the first appellant and the fourth respondent shall pay Rs.30,000/- (Rupees Thirty Thousand only) to the Cancer Institute, Adyar, Chennai-20 within a period of two weeks from today. The receipt of the said deposit shall be submitted to the Registry.

7. The writ appeal, accordingly, is disposed of. There will be no order as to costs. Consequently, C.M.P.No.13157 of 2022 is closed. (S.V.G., CJ.) (D.B.C., J.) 18.10.2023 Index : Yes/No bbr

To 1.The District Collector, Kallakurichi District, 2.The Superintendent of Police, Kallakurichi District, 3.The Inspector of Police, Sangarapuram Police Station, Sangarapuram Taluk,

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

bbr 18.10.2023