Diamond Nuts v. Sh.B.L.Meena

1 CONT.P.(MD)NO.449 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P.(MD)No.449 of 2021 in W.P.(MD)No.16756 of 2020 Diamond Nuts, Rep. by its authorised Signatory, Dr.R.K.Bhoodes, No.21, Prashanthi Nagar, Building No.5/653, Mangadu, Kollam, Kerala.

... Petitioner/Petitioner Vs.

B.L.Meena, The Plant Protection Officer(E), Plant Quarantine Station, 4/90, 4th Street, CGE Colony, Tuticorin - 628 003.

... Respondent/2nd Respondent Prayer: Contempt petition is filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent in the manner this Court deems fit and proper for deliberately committing contempt by willful disobedience of the order dated 26.11.2020 of this Court in W.P.(MD)No.16756 of 2020.

Prayer in WP(MD). 16756/ 2020 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, call for the records relating to the impugned order dated 29.10.2020 issued in F.No.99-1/2020/PQD-172 passed by the 1st respondent and quash the same and further direct the 2nd respondent to permit clearance of the goods covered by bill of entry No.7899664 dated 13.6.2020.

For Petitioner : Mr.Hari Radhakrishnan For Respondent : Mr.D.Saravanan, Central Government Senior Standing Counsel.

O R D E R

Heard the learned counsel on either side.

2. Shri.Meena, Plant Protection Officer(E), Plant Quarantine Station, Tuticorin/contemnor is present before this Court.

3. It is brought to my notice that by order dated 30.03.2021, the petitioner's request already made vide representation dated 08.09.2020 has been rejected.

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2 CONT.P.(MD)NO.449 OF 2021

4. It is seen that the learned Judge while passing the order dated 26.11.2020 has given liberty to the petitioner to question the order dated 29.10.2020 in the event of rejection of the petitioner's application dated 08.09.2020. Since this order has already been complied with, it is for the petitioner to pursue the remedy in the manner known to law.

5. The learned Standing counsel informs this Court that the rejection order will be communicated to the petitioner's counsel as expeditiously as possible.

6. This contempt petition stands closed.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Plant Protection Officer(E), Plant Quarantine Station, 4/90, 4th Street, CGE Colony, Tuticorin - 628 003.

+1 CC to M/s.D.SARAVANAN, Advocate ( SR-15268[F] dated 01/04/2021 ) CONT.P.(MD)No.449 of 2021 in W.P.(MD)No.16756 of 2020 31.03.2021 AC(CO) KB(26.04.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/4