S.Dineshkumar v. K.Kannapiran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE BATTU DEVANAND Cont.P.(MD)No.3166 of 2024 in W.P.(MD)No.23305 of 2023 S.Dineshkumar ... Petitioner / Petitioner Vs.

1. K.Kannapiran, Additional Director, Land Survey Records Department, Survey House, Chepauk, Chennai-600 005.

2. S.Ramasubramanian, Assistant Director, Land Survey Records Department, District Survey Office, Madurai.

... Contemnors/Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents for their willful, deliberate disobedience of the order of this Court made in W.P.(MD)No.23305 of 2023, dated 10.06.2024.

For Petitioner : Mr.S.Vikram For Respondents : Mr.P.Subbaraj 1/6

O R D E R

While allowing a writ petition in WP(MD)No.23305 of 2023 on 10.06.2024, this Court issued the following direction: "The writ petition is allowed and the impugned order of the second respondent dated 27.07.2023 is set aside and the respondents are directed to reconsider the claim of the petitioner and pass orders afresh, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of the order."

2. Complaining the disobedience on the part of the respondents in implementing the said order, the present contempt petition is filed.

3. The respondents filed a counter affidavit, wherein it is stated that they implemented the order of this Court. However, they admitted that there is a delay in implementing the order of the Court. 2/6

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 respondents are liable to be punished under the provisions of the Contempt of Court Act.

5. At this stage, the contemnors prayed the Court to pardon them. They also assured to be more careful in future in implementing the court's order and tendered their unconditional apology.

6. The contemnors also filed an undertaking affidavit stating that they will implement the orders without delay in future and tendered their unconditional apology. It is further stated that to prove their unconditional apology as bonafide, they are ready to do some social work as this Court deems fit.

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7. They expressed their willingness to visit the premises of Saksham, Sivananda Sevashram Campus, 12/7, Astinpatti Road, Sivananda nagar, Thoppur, Madurai 625 008 (Phone No.9884544004), which is being run for the welfare and rehabilitation of individuals affected by Autism, Cerebral Palsy, Down Syndrome and other intellectual disabilities 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 months from the date of this order.

8. Considering the undertaking given by the contemnors, this Court opines that the unconditional apology is bonafide and accordingly inclined to close this Contempt Petition.

9. After visiting the said home, the contemnors shall file an affidavit before the Registrar (Judicial), Madurai Bench of Madras High Court, Madurai, with regard to the service they rendered within a week thereafter to enable the Registrar (Judicial) to keep the same in the record for perusal of the court.

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10. If any 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. 01.04.2025 Index : Yes/No Internet : Yes/No gvn To,

1. K.Kannapiran, Additional Director, Land Survey Records Department, Survey House, Chepauk, Chennai-600 005.

2. S.Ramasubramanian, Assistant Director, Land Survey Records Department, District Survey Office, Madurai.

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BATTU DEVANAND, J., gvn Cont.P.(MD)No.3166 of 2024 in W.P.(MD)No.23305 of 2024 01.04.2025 6/6