Madras High CourtCONT P(MD)/1028/2021closed

Viagularavi v. M.Aravindh

2023-03-07Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.03.2023

CORAM

THE HONOURABLE MS.JUSTICE P.T.ASHA in W.P.(MD)No.25377 of 2019 Viagularavi ... Petitioner/Petitioner Vs.

M.Aravindh The District Collector, Kanyakumari District, Nagercoil.

... Contemnor/1st Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act to punish the contemnor/1st respondents for the willful disobedience of the order of this Court in W.P(MD) No.25377 of 2019 dated 28.11.2019. For Petitioner : Mr.S.Pillai Monicantan For Respondent : Mr.Veerakathiravan Additional Advocate General Assisted by Mr.D.Gandhiraj Special Government Pleader

ORDER

Pursuant to the order passed by this Court dated 07.02.2023, the District Collector, Kanyakumari District, Nagercoil, is present before this Court. The compliance report has been submitted on behalf of the District Collector stating that on 28.02.2023, a detailed order has been passed on the appeal filed by the petitioner. Therefore, there is a substantial compliance on the order of this Court. In the compliance report, the District Collector, after tendering unconditional apology, has stated that the order of this Court is substantially complied with and the appeal has been disposed of with the detailed order.

2. The learned counsel for the petitioner submitted that for the last five years, the petitioner's vehicle has been stationed at Sub Collector, Padmanapapuram, exposed to rain and sun.

3. The learned Additional Advocate General would submit that even at the first instance, the petitioner could have taken back the vehicle

after depositing the amount penalty without prejudice to his right. This is not the subject matter of the contempt before this Court. It is open to the petitioner to move such an application challenging the order now passed by the District collector and take appropriate steps for seeking return of the vehicle. The contempt is therefore closed.

07.03.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No cp To The District Collector, Kanyakumari District, Nagercoil.

P.T.ASHA, J.

cp in W.P.(MD)No.25377 of 2019 07.03.2023