Madras High CourtCONT P/1150/2017closed

K.C.Sivakaran v. Seeni Ajmal Khan

2019-01-23Honourable Mr Justice M. Sundar,Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2019

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH and THE HON'BLE Mr. JUSTICE M.SUNDAR Cont.P.No.1150 of 2017 K.C.Sivakaran

...Petitioner

Vs.

1.Seeni Ajmal Khan, Commissioner, Erode City Municipal Corporation, Erode.

2.A.Vijayan, Member Secretary (I/C), Assistant Director, Erode Local Planning Authority, Tamil Nadu Housing Commercial Complex, Surampatti Nalu Road, Erode - 638 009.

3.Dr.A.S.Senthilvelu

...Respondents

Petition filed under Section 11 of Contempt of Courts Act to punish the respondents for wilful disobedience of the order dated 12.01.2017 made in W.P.No.1043 of 2017 passed by this Court.

For Petitioner ..

Mr.G.Ethirajulu For Respondents ..

Mr.Rajamathivanan for R1 Mr.V.Kathirvelu, Spl. Govt. Pleader for R2 No appearance for R3

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Alleging that the order dated 12.01.2017 passed by this Court in W.P.No.1043 of 2017 has not been complied with, the present contempt petition has been filed. 2.There is no positive direction issued by this Court in the order passed. This is for the reason that pendency of the civil suit has been taken note of, in which, the respondents/contemnors are also parties. Further more, some action has already been taken by the cotnemnors. An order has been passed by us at the admission stage by directing the counsel to take notice for the respondents. 3.In such view of the matter, we do not find any wilful disobedience of the order passed by this Court. Accordingly, the contempt petition is closed. 4.Learned counsel appearing for the petitioner submits that the injunction application is yet to be disposed of.

In view of the same, I.A.No.602 of 2016 in O.S.No.266 of 2016 pending on the file of the District Munsif, Erode is directed to be disposed of within a period of six weeks from the date of receipt of a copy of this order. SD/- ASSISTANT REGISTRAR(COMM.CASES) mmi //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.

PS/14/02/2019 To The District Munsif, Erode.