Hezarath Syed Sha Hameed Awliya v. N.S.Mohamed Aslam

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 27.09.2019 Coram The Honourable Mr.Justice V.BHARATHIDASAN Contempt Petition No.1726 of 2019 Hezarath Syed Sha Hameed Awliya Badhusha Dhargha, through the Managing Trustee, A.S.Mahaboob Basha at Sengaiuneerodai street, Kanchipuram P.O., Kanchipuram District.

... Petitioner Vs.

1. N.S. Mohamed Aslam, Tamil Nadu Wakf Board, through its Chief Executive Officer, No.1, Jaffar Syrong Street, Vallal Seethakathi Nagar, George Town, Chennai 600 001.

2. M. Sadiq Basha, Inspector of Wakf, Office of the Inspector of Wakf, Kancheepuram P.O.

3. S. Kader Sheriff Superintendent of Wakf, Office of Superintendent of Wakf, Kancheepuram P.O.

... Respondents PRAYER :

This petition is filed under Section 11 of Contempt of Courts Act to punish the respondents for wantonly, willfully and deliberately disobeyed the order of this Court dated 23.07.2018 passed in W.P.No.25149 of 2013. 1/4

For Appellants : Mr. M.K.Hidayatullah For respondent : Mr. I.Satish, Addl. Gov. Pleader

O R D E R

This contempt petition has been filed for the alleged willful disobedience of the order passed by this Court in W.P.No.25149 of 2013 dated 23.07.2018.

2. The petitioner has filed the writ petition challenging the show cause notice issued by the first respondent and this Court dismissed the writ petition holding that there is no reason to quash the said show cause notice. Now, the Contempt Petition has been filed on the ground that during the hearing of the writ petition, the learned counsel appearing for the respondents given undertaking that if the petitioner seeks relevant document, it would be furnished to him. But, in violation of the undertaking, the copies were not furnished to him.

3. On a perusal of the said order, it could be seen that no such undertaking has been given by the respondents' counsel. Hence, there is no violation of the said order and the contempt petition itself is not maintainable. 2/4

4. Accordingly, the Contempt petition is dismissed. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mrp //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

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