National Primary School v. P.Jeyaraman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2017

CORAM:

THE HON'BLE MR.JUSTICE S.NAGAMUTHU AND THE HON'BLE MR.JUSTICE P.N. PRAKASH CONT.A.(MD) No.2 of 2015 and Sub.A.(MD) No.201 of 2015 and CONT P(MD) No.50 of 2014 in SA(MD) No.332 of 2010 National Primary School through its Secretary H.Pushpavanam S/o Late Hariharan No.7, Pandiarajan Street Opp.Ponmeni (PRC) Depo Ellis Nagar, Madurai 10.

Appellant/Petitioner/Appellant vs.

1.Mr.P.Jayaraman The Joint Commissioner HR & CE Department Joint Commissioner Office, Madurai -1.

2.Mr.Jeyaraman The Joint Commissioner cum Executive Officer Arulmighu Meenakshi Sundareswarar Koil Madurai 1.

Respondents/Respondents/Respondents Contempt Appeal filed under Section 19(1) of Contempt of Courts Act against that portion of order imposing cost of Rs.25,000/- on the appellant in the order dated 06.02.2015 made in Cont.P.(MD) No.50 of 2014 in S.A.(MD) No.332 of 2010 on the file of this Court.

Prayer in CONT P(MD). 50/ 2014 :

To punish the contemnors/respondents for their willful disobedience of this Honble Court order in SA(MD) No.332/2010 dated 14.06.2013 and thus render justice.

Prayer in SA(MD). 332/ 2010 :

The Appellant above named begs to prefer this Memorandum of Second Appeal against the Judgment and Decree in AS.No.54 of 2009 dated 23/12/2009 on the file of the III Additional Sub Court, Madurai confirming the Judgment and Decree made in O.S.No.502 of 2003 dated 28/01/2008 on the file of the Additional District Munsif Court, Madurai Town.

For petitioner Mr.S.Vellaichamy For R2 Mr.S.Manohar

ORDER

(Order of the Court was made by P.N.PRAKASH, J.) This Contempt Appeal is filed against that portion of the order imposing costs of Rs.25,000/- on the appellant in the order dated 06.02.2015 made in Cont.P.(MD) No.50 of 2014 in S.A.(MD) No.332 of 2010 on the file of this Court.

2. National Primary School, represented by its Secretary, Pushpavanam, filed Cont.P.(MD)No.50 of 2014, which was dismissed on 06.02.2015 by a learned single Judge of this Court with exemplary costs of Rs.25,000/-, challenging which, this appeal has been filed on the short ground that the petitioner is indigent and is not in a position to pay the huge costs of Rs.25,000/-.

3. The learned counsel for the petitioner pleaded that the costs imposed by this Court may be reduced, taking into account the age and financial status of the petitioner. The learned counsel submitted that the petitioner is not even running the School.

4. We do not find any error in the order passed by the learned single Judge warranting interference, because such frivolous contempt applications ought not to be entertained for intimidating Government Officials. However, taking into consideration the fact that the petitioner is an octogenarian, we are of the view that the costs of Rs.25,000/- can be reduced to Rs.5,000/-.

5. Accordingly, this Contempt Appeal is partly allowed and the costs of Rs.25,000/- is reduced to Rs.5,000/-, which the petitioner shall pay to the credit of S.B.Account No.6514082295 (IFSC Code IDIB000H040) held at Indian Bank Madurai Bench of Madras High Court Branch, operated by the Registrar (Administration), Madurai Bench of Madras High Court, for the purpose of removal of Prosopis juliflora (Seemai Karuvelam trees) within a period of four weeks from the date of receipt of a copy of this order.

Consequently, connected sub-application is closed.

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar

To 1.Mr.P.Jayaraman The Joint Commissioner HR & CE Department Joint Commissioner Office, Madurai -1.

2.Mr.Jeyaraman The Joint Commissioner cum Executive Officer Arulmighu Meenakshi Sundareswarar Koil Madurai 1.

Copy to 1.The Branch Manager, Indian Bank, High Court Branch, Madurai.

2.The Registrar(Admn.) Madurai Bench of Madras High Court, Madurai.

+1cc to M/s.M.V.Venkataseshan, Advocate, in SR No. 53791 CONT.A.(MD) No.2 of 2015 25.04.2017 gms MS-MR/12.5.2017/3P-6C