Disposed

S.Umapathy, v. Thiru S.Sivashanmugaraja, IAS

Madras HC4 Oct 2016CONT P/1484/2016

Case brief

AI extract

What is this about?

The petitioner filed a contempt petition alleging wilful disobedience of a 2015 order directing the respondent to pass orders regarding construction of a Community Centre for Adi Dravidars. The court found the order complied with as the respondent was permitted to construct the hall using Special Central Assistance funds under a changed scheme.

What did the court decide?

The contempt petition was closed as the respondent had taken action to construct the hall using Special Central Assistance funds.

S.Umapathy, Vs Thiru S.Sivashanmugaraja, IAS — Contempt of Court | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 04.10.2016

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CORAM

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The Hon'ble MR.JUSTICE M.M.SUNDRESH AND The Hon'ble MR.JUSTICE R.MAHADEVAN

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Contempt Petition No.1484 of 2016

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S.Umapathy, The Secretary, Tamilnadu Dr.Ambedkar Organisation, Periya Karumpoor, Chinnakarumpoor Post, Thothipattu-635 811, Ambur Taluk, Vellore District. .. Petitioner -vs-

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Thiru.S.Sivashanmugaraja, I.A.S., The Commissioner and the Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai-600 005. .. Respondent

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Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for wilfull disobedience of the order dated 25.03.2015 made in W.P.No.8467 of 2015.

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For Petitioner : Mr.V.Raghavachari For Respondent : Mr.T.N.Rajagopalan Spl. Government Pleader

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https://hcservices.ecourts.gov.in/hcservices/

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O R D E R

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(Order of the Court was made by R.MAHADEVAN, J.)

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This Contempt Petition has been filed for the

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wilfull disobedience of the order passed by this Court in

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W.P.No.8467 of 2015, dated 25.03.2015.

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petitioner and Mr.T.N.Rajagopalan, learned Special

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Government Pleader for the respondent.

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petitioner seeking a direction to the respondents therein to build a Community Centre for Adi Dravidars in S.No.96/1A1, 1A2, 1A3 situate in Periya Karumboor village, Amboor Taluk, Vellore District. This Court, while disposing of the writ petition observed that though a

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larger relief has been sought for by the petitioner, in the light of the submission made by the learned counsel for the

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petitioner that the local Panchayat has passed a resolution

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in the year 2009 and the District Adi Dravidar and Tribal Welfare Officer Vellore has sent its communication dated 23.11.2010 to the Commissioner and the Director, Adi

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Dravidar and Tribal Welfare Department, Chennai/respondent

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herein which was pending consideration, directed the

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respondent to pass final orders on the same within a period https://hcservices.ecourts.gov.in/hcservices/ of six weeks from the date of receipt of the copy of the

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https://hcservices.ecourts.gov.in/hcservices/

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order. Alleging non-compliance of the said order, the petitioner has filed the present Contempt Petition.

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hearing, the learned Special Government Pleader circulated a copy of the counter filed in the Contempt Petition. In paragraphs 7 and 8, it has been stated as under:-

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“7. It is submitted that in response to the orders passed by this Hon'ble Court in the above Writ Petition, the Government sent a communication to this respondent vide Govt. Lr.No.9626/SCP(1)/2016-1 dated 08.7.2016 stating that Part II Scheme in the State for the year 2015-2016 has been changed into Tamil Nadu Innovatiion Initiative Scheme and to take action to construct the Community Hall under the Tamil Nadu Innovation Initiative Scheme but however permitted this respondent to construct the above said Community Hall from the funds of Special Central Assistance as a special case to comply with

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the order of this Hon'ble Court passed in W.P.No.8467 of 2015. Accordingly, this respondent has given suitable instructions to the concerned Section to allot a sum of https://hcservices.ecourts.gov.in/hcservices/

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Rs.20,00,000/- from the Special Central

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Assistance Funds for the year 2016-2017 to construct the Community Hall in the above said survey numbers.

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8.It is submitted that the construction work will be started immediately after getting the funds from Special Central Assistance Fund from the Central Government for the year 2016-2017 submitted that this respondent has taken appropriate action.”

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On a perusal of paragraphs 7 & 8 of the counter, we find that after passing of the order in the writ petition, the Government sent a communication to the respondent informing that Part II Scheme in the State for the year 2015-2016 has been changed into Tamil Nadu Innovation Initiative Scheme and take action to construct

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the Community Hall under the changed Scheme. However, permitted the respondent to construct the Community Hall from the funds of Special Central Assistance as a special

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case and the respondent has also given suitable instructions to the concerned Section to allot a sum of Rs.20.00 lakhs from the Special Central Assistance Funds for the year 2016-2017 to construct the Community Hall.

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Since the direction passed by this Court dated https://hcservices.ecourts.gov.in/hcservices/

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25.03.2015 in W.P.No.8467 of 2015 has been complied with

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and recording the submission made by the learned Special Government Pleader and also the averments made in the counter, this Contempt Petition is closed.

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JOINT REGISTRAR(OS)

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BBR

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//Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. SS/CO/19/10/2016 To The Commissioner and the Director, Adi Dravidar and Tribal Welfare Department, Chepauk, Chennai-600 005. One CC to The Government Pleader, SR.12873/2016 One CC to Mr.V.Raghavachari, Advocate, SR.12882/2016

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https://hcservices.ecourts.gov.in/hcservices/

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https://hcservices.ecourts.gov.in/hcservices/

S.Umapathy, v. Thiru S.Sivashanmugaraja, IAS

Case brief

What is this about?

What did the court decide?

S.Umapathy, v. Thiru S.Sivashanmugaraja, IAS

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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