Contempt petition filed alleging wilful disobedience of interim direction. Court observed that newspaper report predated the order and stand in counter affidavit negated wilful breach. Petition closed.
Contempt petition closed.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.12.2016
CORAM
THE HON'BLE Mr. JUSTICE M.M.SUNDRESH
and THE HON'BLE Mr. JUSTICE R.MAHADEVAN
Contempt Petition No.1949 of 2016 Coimbatore Consumer Cause rep. By its Secretary K.Kathirmathiyon .. Petitioner Vs. 1.S.K.Prabakar, I.A.S., Principal Secretary to Government, Public Works Department, Fort St. George, Chennai – 9.
2.T.N.Hariharan, I.A.S., District Collector, Coimbatore and District, Pin – 641 018.
3.Vijay Karthikeyan, I.A.S., Commissioner, Coimbatore City Municipal Corporation, Coimbatore – 641 001.
4.A.Venkatachalam, Chief Engineer (WRO), Public Works Department, Coimbatore Pin – 641 001. ... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for wilful disobedience of the interim direction dated 09.06.2016 in W.P.No.11612 of 2016.
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For Petitioner : No appearance
For Respondents: Mr.T.N.Rajagopalan,
Spl. Govt. Pleader for R1 , R2 and R4 Mr.Sivakumar for R3
ORDER
(Order of the Court was made by M.M.SUNDRESH, J. )
There is no representation on behalf of the
petitioner.
2.Alleging that the order passed by this Court on
09.06.2016 has been violated wilfully, the present contempt
petition is filed.
3.Learned Special Government Pleader appearing for respondents 1, 2 and 4, placing reliance upon the counter affidavit, submits that the allegations made are with reference to the action taken much prior to the order passed by this Court. It is further submitted that the temporary construction has been put on hold.
4.In the counter affidavit, the following paragraph would be apposite:
“Regarding the averments in para 8, with
regard to the averments made I submit that
https://hcservices.ecourts.gov.in/hcservices/ according to the report submitted by Assistant
Executive Engineer, PWD/WRO, Coimbatore a bridge
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linking Konavaikkalpalayam and Raja vaikkal has been partially demolished since the public interfered and requested the bridge may be allowed to be used until the Nanjundapuram Railway overbridge work is over. Hence the work
was suspended temporarily.
submit that a detailed counter affidavit on the W.P.No.11612 of 2016 has been filed.
Regarding the averments in para 11, I submit that a letter from District Collector in Ref.No.1910/2016/B1 dated 28.06.2016 has been directed to Commissioner, Coimbatore Corporation and the Executive Engineer, PWD, WRO, Coimbatore that construction of fly over across the Noyyal river between Konavaikkal and Rajavaikkal cannot be taken up in the light of the directions of the Hon'ble High Court, Madras. As reported by
the Corporation Commissioner that no work has been carried out by the Corporation for the construction as stated in the letter
No.8777/2009/MH5 dated 16.08.2016.”
5.On a perusal of the typed set of papers, it is seen
that the news paper report was dated 19.04.2016 and the https://hcservices.ecourts.gov.in/hcservices/ order was passed on 09.06.2016. Thus, apart from the said
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information being reported only through news paper, which is prior to the date of the order coupled with the clear stand taken in the counter affidavit referared to above, we do not find any wilful disobedience of the order passed by this Court. Accordingly, the contempt petition is closed.
Sd/-
JOINT REGISTRAR (OS)
//Certified to be true copy//
Dated at Madras this the day of 2017.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing
certified copies of the Orders/Judgments/Decrees in this
format.
CO/22/12/2016
One CC to M/s.R.Sivakumar, Advocate , Sr.No.15924/16
One CC to M/s.S.Sathia Chandran, Advocate ,Sr.No.15902/16
One CC to The Governement Pleader, Sr.No.15872/16
1 issue framed by the court
Whether respondents were guilty of wilful disobedience of interim direction dated 09.06.2016.
1 provisions across 1 enactments
Coimbatore Consumer Cause rep. By its Secretary K.Kathirmathiyon
S.K.Prabakar, I.A.S., Principal Secretary to Government, Public Works Department
T.N.Hariharan, I.A.S., District Collector, Coimbatore
Vijay Karthikeyan, I.A.S., Commissioner, Coimbatore City Municipal Corporation
A.Venkatachalam, Chief Engineer (WRO), Public Works Department
M.M.Sundresh
R.Mahadevan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
