This court disposed of a contempt petition filed for non-compliance of an order regarding the installation of a statue. It held no further adjudication was needed, allowing the petitioner to challenge the underlying proceedings in a competent forum.
contempt petition closed; petitioner at liberty to challenge impugned proceedings before competent forum.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 11.03.2019
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN
AND
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR
Cont.P.No.226/2019
Garkey @ Ayyasamy .. Petitioner
Versus
Mr.T.N.Hariharan, IAS
District Collector
Coimbatore
Coimbatore & District. .. Respondent
Prayer:- Contempt petition filed under section 11 of the
Contempt of Courts Act, for willful disobedience to the
order passed by this Court in WP.No.28026/2014 dated
03.11.2014 and punish him accordingly.
For Petitioner : Mr.S.Sathia Chandran For Respondent : Mr.M.Elumalai, GA ORDER [Order of the Court was made by M.SATHYANARAYANAN, J.,]
The petitioner, alleging non-compliance of the order passed in WP.No.28026/2014 dated 03.11.2014 by the respondent herein, came forward to file the present
contempt petition.
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2 The matter in issue pertains to permission sought for by the petitioner for installation of statue of one of the leaders and legal luminaries, viz., Dr.B.R.Ambedkar. As per the proceedings of the Collector of Coimbatore District, dated 03.12.2018 in Na.Ka.No.28026/2014/E2, the
said request came to be rejected.
3 Mr.Sathia Chandran, learned counsel for the
petitioner would vehemently contend that only after initiation of the contempt proceedings, the present order came to be passed and the reasons assigned are per se untenable.
appearing for the respondent/contemnor would submit that after taking into consideration of the relevant factors including the apprehension of the law and order problem,
the request made by the petitioner came to be rejected.
5 This Court has considered the rival submissions
and also perused the materials placed before it.
6 In the light of the above said proceedings, this Court is of the considered view that nothing remains for https://hcservices.ecourts.gov.in/hcservices/
further adjudication in this petition. However, the
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petitioner is at liberty to challenge the said proceedings in accordance with law before the competent Forum.
7 The contempt petition is closed subject to above
observation.
SD/-
ASSISTANT REGISTRAR(COMM.CASES)
AP
//Certified to be true copy//
Dated at Madras this the day of 2019.
COURT OFFICER(O.S.)
from 25 th day of September 2008 the Registry is issuing
Certified copies of the Orders/Judgments/Decrees in this
format.
THS/03/04/2019
To
The District Collector
Coimbatore
Coimbatore & District.
Garkey @ Ayyasamy
Mr.T.N.Hariharan
M. Sathyaranayan
M. Nirmal Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
