Madras High CourtCONT P/2826/2022closed

V.Gopinath v. B.Vinoth Kumar

2023-06-05Honourable Mr Justice S.M. Subramaniam6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05-06-2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM Sub Application (OS) No.399 of 2023 V.Gopinath ... Petitioner in Cont.P.2826/2022 and Respondent in Sub Application 399/2023 Vs.

Mr.B.Vinoth Kumar, Sub Collector, Ranipet, Ranipet District - 632 401.

... Respondent in Cont.P.2826/2022 and Applicant in Sub Application 399/2023 Contempt Petition 2826 of 2022 is filed under Section 11 of Contempt of Courts Act, 1971 against the respondent herein for her willful disobedience and compelling his so as to comply with the order passed by

this Court in WP No.15070 of 2021 dated 22.07.2021. Sub Application 399 of 2023 is filed under Section 151 of the Code of Civil Procedure recalling the Warrant issued in Contempt Petition No.2826 of 2022 in WP No.15070 of 2021 dated 28.04.2023. For Petitioner in Contempt Petition and Respondent in Sub Application : Mr.L.Ramkumar For Respondent on Contempt: Mr.J.Ravindran, Petition and Applicant Additional Advocate General in Sub Application Assisted by Mr.T.Arunkumar, Additional Government Pleader.

C O M M O N O R D E R Contempt Petition No.2826 of 2022 has been instituted to punish the respondent for his wilful disobedience of the orders of this Court dated 22.07.2022 passed in WP No.15070 of 2021.

2. Sub Application has been instituted to recall the warrant issued in the Contempt Petition No.2826 of 2022 in WP No.15070 of 2022 dated 28.04.2023.

3. The order of this Court had not been implemented and notice was issued by this Court in the contempt petition. Even thereafter there had been no response and thus Statutory Notice was issued against the respondent.

4. The learned counsel for the petitioner brought to the notice of this Court that thereafter an order has been complied with.

5. Perusal of the affidavit filed by the respondent reveals that there was no willful intention to disobey the orders of this Court.

6. The learned counsel for the petitioner brought to the notice of this Court that the order has been complied with.

7. This being the factum, the Bailable Warrant issued against the respondent-Sub Collector stands cancelled and the contempt petition stands closed. Accordingly, the sub application is ordered. However, there shall be no order as to costs.

05-06-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

To Mr.B.Vinoth Kumar, Sub Collector, Ranipet, Ranipet District - 632 401.

S.M.SUBRAMANIAM, J.

Svn 05-06-2023