A contempt petition challenging non-implmentation of a writ order directing closure of a plastic unit was dismissed. The court noted that the file indicated the factory had been sealed on 30.11.2016, fulfilling the earlier order.
The contempt petition was dismissed as the factory was already sealed on 30.11.2016, satisfying the earlier order.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 09.03.2017
CORAM:
THE HONOURABLE MR.JUSTICE A.SELVAM
and
THE HONOURABLE MR.JUSTICE N.AUTHINATHAN
CONT.P(MD)No.1402 of 2016
in W.P(MD)No.3919 of 2015
A.Thangaraj
.. Petitioner/ Petitioner
Vs.
Sundaragopal, The Member Secretary, Tamil Nadu Pollution Control Board, Chennai.
.. Respondent / Contemnor
PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act 1971 to punish the respondent/contemnor for willful disobedience in non-implementation of the order of this Court in dealing the case in W.P(MD)No.3919 of 2015, dated 04.04.2016 and thereby committed contempt of Court.
Prayer in WP(MD). 3919/ 2015 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a WRIT OF MANDAMUS or any other appropriate writ order or direction to direct the 1st to 5th respondents to take necessary action against the 6th repondents illegal Plastic Unit in name of Kamatchi Amman Plastics to close the Unit permanently.
For Petitioner : Mr.A.Thangaraj (Party in Person)
For Respondent : Mr.M.Govindan, Special Government Pleader.
ORDER
[Order of the Court was made by A.SELVAM, J.]
https://hcservices.ecourts.gov.in/hcservices/ This Contempt Petition has been filed praying to punish the respondent since he disobeyed the order passed in W.P(MD)No.3919 of 2015 dated 04.04.2016 by this Court.
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2.Both the petitioner as well as contemnor are present.
3.The learned Special Government Pleader appearing for the respondent/contemnor has represented that the concerned factory has been sealed on 30.11.2016.
4.In fact this Court has perused the concerned file, wherein it has been clearly stated that the concerned factory has been closed on 30.11.2016. Under the said circumstances, the relief sought in the contempt petition cannot be granted.
5.In fine, this contempt petition is dismissed. No costs.
sd/-
Assistant Registrar(CS II) /True copy/
Sub Assistant Registrar
To Sundaragopal The Member Secretary, Tamil Nadu Pollution Control Board, Chennai.
+2cc's to Mr.A.Thangaraj, Advocate Sr.No.13494
smn
sm:skn:15.3.2017:2P/4C
ORDER MADE IN CONT.P(MD)No.1402 of 2016 in W.P(MD)No.3919 of 2015 09.03.2017
1 issue framed by the court
Whether the respondent is liable for contempt of court for alleged non-implementation of the order in W.P.(MD)No.3919 of 2015.
2 provisions across 2 enactments
A. Thangaraj
Sundaragopal
A.Selvam
N.Authinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
