Bhuvaneswari, v. Simranjeeth Singh Kahlon, I.A.S.,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in Cont. P(MD)No.91 of 2022 in W.P.(MD)No.11589 of 2021 Bhuvaneswari ... Petitioner Vs.

1.Simranjeeth Singh Kahlon, I.A.S., The Commissioner, Madurai Corporation, Madurai-625 002.

2.Durga, The Assistant Engineer, South Zone, Madurai Corporation, Madurai.

3.The General Manager, A-1301, Madurai District Co-operative Milk Producer Union Ltd., Sathamangalam, Madurai.

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4.Sankar, The Inspector of Police, Law and Order, Thilagarthidal Police Station, Madurai City.

... Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents 1, 2 and 4 and deal with the as per law for having willfully disobeyed the order made in Contempt Petition (MD)No.91 of 2022 dated 06.07.2022 in W.P.(MD)No.11589 of 2021. For Petitioner : Mr.B.Anwar Sameem For Respondents : Mr.B.Saravanan for R1 & R2 Mr.K.Prabhu for R3 Mr.Sakthikumar, Govt. Advocate (Crl. Side) for R4.

ORDER

Heard the learned counsel on either side.

2.The petitioner herein was permitted to erect an Aavin booth near West Masi Street, Pillayar Temple measuring 48 sq. ft. The petitioner 2/6

had been appointed as franchise by Aavin. Subsequently some adverse developments took place. Hence, the petitioner filed W.P.(MD)No.11589 of 2021. It was allowed vide order dated 23.09.2021. Questioning the same, Corporation has filed writ appeal but the same was dismissed. Contending that even thereafter, an non-cooperative attitude is being adopted, the petitioner filed Cont.P.(MD)No.91 of 2022. It was disposed of on 06.07.2022 by directing the corporation to adhere to the earlier direction given by this Court. The petitioner filed this second contempt petition complaining that the corporation has written to the statutory authorities not to extend certain facilities. 3.When the matter was taken up for hearing, I made it clear to the learned standing counsel for corporation that this is not the matter in which the interest of the corporation is affected in any manner and therefore, it can stay away.

4.I am glad to record that the corporation has submitted to the stand indicated by this Court. If there is any law and order problem as 3/6

apprehended by the learned standing counsel for the corporation, the same will be dealt with by the jurisdictional police. Since the Avain booth has been set up pursuant to the direction given by this Court, it is expected that other statutory authorities such as TANGEDCO will not cause any impediment. It is open to the petitioner herein to produce the copy of this order before the concerned TANGEDCO official. 5.The contempt petition is disposed of accordingly. 16.11.2022 Index : Yes/No Internet : Yes/No ias To:- The Inspector of Police, Law and Order, Thilagarthidal Police Station, Madurai City.

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G.R.SWAMINATHAN, J.

ias in Cont. P(MD)No.91 of 2022 in W.P.(MD)No.11589 of 2021 16.11.2022 6/6