R.Govindasamy v. Sandeep Nanduri
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2020
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and SUB A(MD)No.56 of 2020 in MP(MD)No.1 of 2011 in SA(MD)No.581 of 2011 R.Govindasamy .. Petitioner Vs.
1.Thiru Sandeep Nanduri, I.A.S., District Collector, Tuticorin.
2.Tmt.Anu George, I.A.S., Director of Industries and Commerce Department, Government of Tamil Nadu, Chepauk, Chennai - 600 005.
.. Respondents PRAYER: Contempt Petition is filed under Section 12 of Contempt of Courts Act, to punish the respondents for the act of Contempt of Court for their disobedience of the order of interim injunction, dated 05.08.2011, passed in M.P(MD)No.1 of 2011 in S.A(MD)No.581 of 2011 on the file of this Court for the act of disconnection of the electricity supply in respect to the Service Connection Nos.350-017-105, 350-017-132, 350-017-133.
Prayer in SUB A(MD).No. 56 of 2020 :
To direct the first respondent to pass appropriate orders directing the Assistant Electrical Engineer, TANGEDCO, Tuticorin, to restore the electricity supply with all the equipments in respect to the Service Connection Nos.350-017-105, 350-017-132, 350-017-133 pending disposal of the above Contempt Petition. Prayer in MP(MD)No. 1/ 2011 in SA(MD).581/2011 : Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of temporary injunction restraining the respondents their men, oficers or any one authorised by them from in any way interfering with the peaceful possession and enjoyment of the petitioner over the schedule lands forming the subject matter of the suit in O.S.No.197/1978 on the file of the Principal District Munsif of Tuticorin, pending disposal of the above SA (MD).No.581/2011.
Prayer in SA(MD)No. 581 of 2011 :
Second Appeal filed U/s 100 of CPC to setaside the decree 1/3
and judgment dated 20/09/2010 rendered in A.S.No.15/1982 on the file of the Subordinate Judge, Tuticorin, confirming the decree and judgment dated 30/01/1982 rendered in O.S.No.197/1978 on the file of the Principal District Munsif of Tuticorin, by allowing this Second Appeal and to grant such other relief or reliefs that this Honourable Court may deem fit and proper in the circumstances of the case, and thus render justice.
For Petitioner : Mrs.P.Jessi Jeeva Priya For Respondents : Mr.J.Gunaseelan Muthaiah, Additional Government Pleader.
ORDER
This Court, by the order, dated 05.08.2011, in M.P(MD)No.1 of 2011 in S.A(M)No.581 of 2011, granted an order of interim injunction in respect of the schedule lands forming the subject matter of the suit in O.S.No.197 of 1978 on the file of the Principal District Munsif Court, Tuticorin. Contending that there is disobedience of the said order by disconnecting the electricty service connection Nos.350-017-105, 350-017-132 and 350-17-133, the present Contempt Petition has been filed. 2.Today, when the matter came up for hearing, the learned Additional Government Pleader appearing for the respondents would state that since the copy of the order passed in M.P(MD)No.1 of 2011 in S.A(M)No.
581 of 2011, was not given to the Tahsildar, Tuticorin Taluk, the electricity service connections were inadvertently disconnected and now, the electricity service connections have been restored. He has also produced a copy of the letter of the Tahsildar, Tuticorin Taluk, in Na.Ka.Aa.3/13356/2012, dated 02.08.2020, addressed to the first respondent. The said submission is recorded. 3.Considering the submission made by the learned Additional Government Pleader appearing for the respondents / contemnors and being satisfied with the same and taking into consideration that the electricity service connections have been restored, this contempt petition is closed. Consequently, connected Sub A(MD) No.56 of 2020 is also closed.
Sd/- Assistant Registrar (AS) // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
smn To 1.The District Collector, Tuticorin.
2.The Director of Industries and Commerce Department, Government of Tamil Nadu, Chepauk, Chennai - 600 005.
+1 CC to SGP ( SR-13716[F] dated 06/08/2020 ) +1 CC to M/s.P. JESSI JEEVA PRIYA, Advocate ( SR-13863[F] dated 07/08/2020 ) ORDER MADE IN and SUB A(MD)No.56 of 2020 05.08.2020 KM (26.08.2020) 3P 5C 3/3