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Madras High CourtCONT P/2930/2024closed

V.Mahalingam, v. Babu Madurai Durai,

2025-01-30Honourable Mr Justice S. S. Sundar,Honourable Mr.Justice P. Dhanabal4 pages

CONT P NO. 2930 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2025

CORAM

THE HONOURABLE MR JUSTICE S. S. SUNDAR AND THE HONOURABLE MR.JUSTICE P. DHANABAL CONT P NO. 2930 of 2024 AND SUB APPL NO. 914 OF 2024 V.Mahalingam, S/o.Vellingiri, No.10 - E, Vinayagar Koil Street, Kalapatti Road, Coimbarore 641014.

Petitioner(s) Vs Babu Madurai Durai, Old No. 33, Rathinapuram, A.A.Road, Madurai 625 011. and another Contemnor(s) V.Mahalingam S/o.Vellingiri, No.10 - E, Vinayagar Koil Street, Kalapatti Road, Coimbarore 641014 Applicant(s) Vs Babu Madurai Durai, Old No. 33, Rathinapuram, A.A.Road, Madurai 625 011. and another Respondent(s) CONT P NO. 2930 of 2024 For Petitioner(s):

For Contemnor(s):

notice served for respondent 2 ( RAJAKUMAR, Inspector of Police, Peelamedu Police Station, Coimbatore 641 004.)

notice served for respondent 1 (BABU MADURAI DURAI, Old No. 33, Rathinapuram, A.A.Road, Madurai 625 011.) Vakalat filed by M/s. Ananda Gomathy, k.Jayaganga and J.Padma Priya Counsel for 1st Respondent on 24.10.2024 Counter Affidavit Filed by 1st Respondent on 08/11/2024 For Applicant(s):

For Respondent(s):

ORDER

(Order of the Court was made by the Hon'ble S.S.Sundar J.) This Contempt Petition is filed alleging willful disobedience of the order of this Court dated 11.06.2024 made in W.P.No.14072 of 2024. 2.This Court, by order dated 11.06.2024, directed the auction purchaser, the 3rd respondent in the writ petition, not to deal with the property till such time the writ petition is decided on merits. The Contempt Petition is filed by the writ petitioner by stating that the respondent/contemnor has demolished a portion of the building even though he is not supposed to deal with the property. 3.After notice, the respondent appeared and filed his counter affidavit. In Para Nos.7 and 8 of the counter affidavit, the respondent has stated that he has not dealt with the property after the order dated 11.06.2024 and that he undertakes to abide by the orders of this Court in letter and spirit and will maintain the property as it is today until the writ petition is disposed of, according to the directions of this Court.

4.This Court is unable to find any concrete material to doubt the statement which is made in the counter affidavit. Considering the fact that the respondent has now undertaken to maintain status quo in terms of the order of this Court, this Court is unable to proceed further with the contempt petition. 5.Therefore, this Contempt Petition is closed, however, recording the undertaking given by the respondent that they will strictly maintain status quo till the disposal of the writ petition. Consequently, connected sub application is also closed. (S.S.SUNDAR J.) (P.DHANABAL J.) 30-01-2025 MKN CONT P NO. 2930 of 2024 To

1. Babu Madurai Durai, Old No. 33, Rathinapuram, A.A.Road, Madurai 625 011.

2. Rajakumar, Inspector of Police, Peelamedu Police Station, Coimbatore 641 004.

1. Babu Madurai Durai, Old No. 33, Rathinapuram, A.A.Road, Madurai 625 011.

2. Rajakumar, Inspector of Police, Peelamedu Police Station, Coimbatore 641 004.

S.S.SUNDAR, J., AND P.DHANABAL, J., MKN CONT.P.No.2930/2024 30.01.2025