This Court dismissed a contempt petition filed against the Commissioner of Pollachi Municipality for non-compliance with an order concerning the fencing of a burial ground. The Court found the petition baseless as the fence was opened to allow ingress and egress based on a subsequent court order.
The contempt petition is dismissed. No costs.
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Cont.P.No.695 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 04.10.2019
Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
Contempt Petition No.695 of 2019
J.Krishnakumar .. Petitioner /versus/ Mr.Kannan Commissioner Pollachi Municipality Pollachi, Coimbatore District. .. Respondent Contempt Petition filed under Section 11 of Contempt of Courts Act praying to punish the respondent herein for his wilful disobedience and non-compliance of the orders of this Court made in W.P.No.28043 of 2018, dated 02.01.2019 under the provisions of Contempt of Courts Act.
For Petitioner :Mr.C.Prakasam
For Respondent :Mr.B.Anand -----
The contempt petition is filed to punish the
respondent herein for his wilful disobedience and non-
compliance of the orders of this Court made in W.P.No.28043 of 2018, dated 02.01.2019 under the provisions of Contempt of Courts Act.
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passed by this Court in W.P.No.28043 of 2018 dated 02.01.2019 has not been complied in letter and spirit by the respondent, so he has filed the contempt petition.
burial ground has not been considered.
after considering the petitioner's representation and submissions of the learned counsel appearing for the respondent, found that the third respondent has put up a
board in the burial ground informing that public should bury the dead bodies only in the burial ground and prevented the public from trespassing the burial ground and
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other common pathway and also constructed the compound wall
in and around the burial ground. On seeing the photographs, this Court has disposed of the writ petition holding that no further adjudication is required.
after disposal of the writ petition, the burial ground is
fenced only on three sides leaving open one side. Thus, the respondent has mislead the Court as if the burial ground is
fully fenced. Hence, there is a wilful suppression of fact. The respondent wantonly and deliberately disobeyed the order of this Court.
Commissioner, Pollachi Municipality has filed counter
wherein it is stated that after the respondent fenced the
burial ground, one K.Angamuthu, who is having land behind the burial ground, filed W.P.No.10174 of 2019 alleging that due to fencing of the burial ground, he could not go to his land and the cart track has been closed.
has directed the Revenue Divisional Officer, Pollachi to survey the land and remove the fence to an extent of 12
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feet in the cart track. Accordingly, after notice to the
petitioner and K.Angamuthu, the fence to the extent of 12 feet was removed so as to have ingress and egress through the burial ground to reach the opposite side road.
duly passed on 21.06.2019. A copy of the order has also been served to the petitioner herein and therefore, there is no suppression of fact or wilful disobedience of the order of this Court.
fenced with opening of 12 feet for use as cart track have also been enclosed along with the affidavit filed by the respondent.
disclose that after the order passed by this Court on 02.01.2019, which is alleged to have been breached by the respondent, another writ petition has been filed before this Court and pursuant to the order passed in the
subsequent writ petition, the fence of 12 feet has been removed for the purpose of ingress and egress and not for any other purpose.
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2 issues framed by the court
Whether the Commissioner of Pollachi Municipality wilfully disobeyed the order of this Court regarding the fencing of a burial ground.
Whether the allegation of suppression of facts regarding the fencing and subsequent opening constitutes contempt.
2 provisions across 2 enactments
J. Krishnakumar
Mr. Kannan, Commissioner, Pollachi Municipality
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
