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Madras High CourtCONT P(MD)/172/2022closed

K.Muthukannan, v. N.Pancharaja,

2022-06-07Honourable Mr Justice G.R.Swaminathan2 pages

CONT.P.(MD)No.172 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Cont.P.(MD)No.172 of 2022 in W.P.(MD)No.15088 of 2021 K.Muthukannan ... Petitioner/Plaintiff Vs.

N.Pancharaja ... Contemnor/3rd Respondent Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to punish the contemnor/respondent herein for his willful and wanton disobedience of the common order passed by this Court in W.P.(MD)No.15088 of 2021 dated 28.10.2021. Prayer in WP(MD). 15088/ 2021 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Mandamus directing the 3rd and 4th respondent to grant tender for fishing rights of Meenathicipuram Kanmai, Theni District in the petitioners favor by accepting the balance bid amount of Rs. 26,25,000/- and consequently direct the respondents not to indulge in any type of fishing activities or other activities in the meantime by considering the petitioners representation dt. 19.08.2021 and pass orders on merits and in accordance with law within the period that may be stipulated by this Honble Court and pass such further or other orders as this Honble Court may deem fit and proper in the facts and circumstances of the case and thus render justice.

For Petitioner : Mr.K.Safar Badhusha For Contemnor : Mr.M.Prakash Additional Government Pleader.

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the contemnor. 2.The grievance of the petitioner is that the direction given by this Court on 28.10.2021 in W.P.(MD) Nos.13591 and 15088 of 2021 has not been complied with.

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CONT.P.(MD)No.172 of 2022 3.When the matter was taken up for hearing, the learned Additional Government Pleader pointed out that the dispute was between the petitioner on the one hand and the local Fishermen Cooperative Society on the other. As per the orders passed by this Court, the balance amount of Rs.47,25,000/- was collected from the Society.

4.It is true that the petitioner was the successful bidder, but then the amount deposited by the petitioner had also been returned to the petitioner with interest. A copy of the receipt as well as the cheque have been produced before me. It is true that there was a delay of one week. I am of the view that it is not that serious.

5.Recording the subsequent developments, this Contempt Petition is closed.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) mm Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To The Joint Director of Fisheries, fisheries and Fisheries Welfare Department, Theni Vaigai dam, Theni District +1 CC to M/s.SPL.GP ( SR-24604[F] dated 08/06/2022 ) Cont.P.(MD)No.172 of 2022 07.06.2022 CK(CO) KB(14.06.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2