V.Mahendiran v. Brajendra Navnit Ias
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 07.04.2025 Pronounced on: 28.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.612 of 2025 in W.P.(MD)No.29383 of 2023 V.Mahendiran ... Petitioner / Petitioner Vs.
Brajendra Navnit IAS., The Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Chennai 600 009. ... Contemnor/Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to pleased to punish the Contemnor/1st Respondent herein for their willful disobedience of the orders passed by this Honourable Court made in WP(MD). No.29383 of 2023 dated 05.04.2024. For Petitioner : Mr.C.Gangai Amaran For Respondent : Mr.Veera Kathiravan Senior Counsel for Mr.J.K.Jayaselan
O R D E R
While allowing a writ petition in WP(MD)No.29383 of 2023 on 05.04.2024, this Court issued the following direction: "In view of the above stated reasons, this writ petition is disposed of and it is open to the petitioner to file a review petition, by raising all the grounds raised in this writ petition before the appropriate authority within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider and pass orders within a period of six weeks thereafter.''
2. Complaining the disobedience on the part of the respondent in implementing the said order, the present contempt petition is filed.
3. The respondent filed a counter affidavit, wherein it is stated that he implemented the order of this Court. However, he admitted that there is a delay in implementing the order of the Court.
4. Considering the facts and circumstances of the case, in the considered opinion of this court, the order of the Court is not complied with in true letter and spirt as it is not implemented within the time stipulated by this Court and as such, the respondent is liable to be punished under the provisions of the Contempt of Court Act.
5. At this stage, the contemnor prayed the Court to pardon him. He also assured to be more careful in future in implementing the court's order and tendered his unconditional apology.
6. The contemnor also filed an undertaking affidavit stating that he will implement the orders without delay in future and tendered his unconditional apology. It is further stated that to prove his unconditional apology as bonafide, he is ready to do some social work as this Court deems fit.
7. He expressed his willingness to visit the premises of Rehoboth Home for mentally challenged women, No.22, Viswasa Nagar,
Koluthuvancheri, Paranaiputhur, Iyyappanthangal, Chennai 600 122, and to provide necessary assistance by providing required articles for utilization of the inmates of the said Centre with their own money within a period of two weeks from the date of this order.
8. Considering the undertaking given by the contemnor, this Court opines that the unconditional apology is bonafide and accordingly inclined to close this Contempt Petition.
9. After visiting the said home, the contemnor shall file an affidavit before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai, with regard to the service he rendered within a week thereafter to enable the Registrar (Judicial) to keep the same in the record for perusal of the Court.
10. If contemnor fails to fulfill the undertaking, the Registry shall re-open the contempt petition and place before this Court.
11. Accordingly, this contempt petition is closed. 28.04.2025 Index :
Yes / No Internet : Yes / No NCC : Yes / No CM Copy to Rehoboth Home for mentally challenged women, No.22, Viswasa Nagar, Koluthuvancheri, Paranaiputhur, Iyyappanthangal, Chennai 600 122 To, Brajendra Navnit IAS., The Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Chennai 600 009.
BATTU DEVANAND , J., CM Cont.P.(MD)No.612 of 2025 in W.P.(MD)No.29383 of 2023 28.04.2025