A contempt petition challenging non-compliance of an order directing flower vendors to vacate a market was dismissed. The court accepted the respondent's compliance report and held that vendors setting up shops elsewhere constituted a separate cause of action.
None. The contempt petition was closed.
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Cont P No.1984 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.09.2023
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH
Cont.P.No.1984 of 2023
S.Saranya ...Petitioner
Vs.
Mr.Pavankumar G.Giriyappanavar, I.A.S., Commissioner, Tiruppur City Municipal Corporation, Thiruppur-641 604. ... Respondent
Contempt Petition filed under section 11 of the Contempt of Courts Act, to punish the respondent for the willful disobeyal of the orders of the Hon'ble High Court of Madras made in W.P.No.18502 of 2023 dated 23.06.2023.
For Petitioner : Mr.T.Ranganathan
For Respondent : Mr.S.Silambanan, Additional Advocate General Assisted by
Mr.Abishekmurthy
Cont P No.1984 of 2023
ORDER
This Contempt petition has been filed to punish the respondent for
his willful disobedience of the order passed by this Court in W.P.18502 of 2023 dated 23.06.2023.
the status report has been filed by the respondent. The relevant portions in the status report are extracted hereunder:
“5. I submit that upon receiving a copy of the order on 01.07.2023, I, along with other Corporation officials, inspected the temporary flower market and directed the vendors to vacate the premises and conduct their business in the newly constructed Flower Market. Regrettably, the vendors refused to vacate the temporary market citing pendency of other Writ Petition. Subsequently, on 07.07.2023, I wrote a letter to the TamilNadu Electricity Board to disconnect the electricity connection in the temporary Flower Market. Following this, on 10.07.2023, I inspected the flower market and served notice to
the vendors to vacate the premises.
Cont P No.1984 of 2023
6. I submit that, on 12.09.2023, I sent another letter to the Tamil Nadu Electricity Board, requesting to disconnect the electricity connection. Then, on 13.09.2023, I, along with other Corporation officials and electricity board officials, inspected the premises, and the electricity board representatives disconnected the electricity connection. Subsequently, the vendors vacated the temporary market, and the allotment in the new Flower Market commenced, with vendors moving to the newly constructed Flower Market at Eswaran Koil Street.
7. I submit that the place where the temporary market was situated was handed over to the Agricultural Marketing Society as vacant land, in accordance with conditions prescribed in G.O.Ms.No.53 dated 28.02.2020 of the Agriculture (AM2) Department."
Cont P No.1984 of 2023
vendors have now put up new shops in the private property in the very same road. In view of the same, the second portion of the order has not been complied with.
15.09.2023
Index : Yes/No Speaking order/Non speaking order
nl/gvn
Cont P No.1984 of 2023
N.ANAND VENKATESH, J.
nl/gvn
Cont.P.No.1984 of 2023
15.09.2023
2 issues framed by the court
Whether the respondent commissioner of Tiruppur City Municipal Corporation willfully disobeyed the order directing vendors to vacate the temporary flower market.
Whether the petitioner established non-compliance by showing vendors established shops on private property in the same road.
S.Saranya
Mr. Pavankumar G. Giriyappanavar
N. Anand Venkatesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
