Dismissed

S.Prakash v. Muthu Vijaya

Madras HC29 Aug 2024CONT P/2291/2024

Case brief

AI extract

What is this about?

This court dismissed a contempt petition alleging wilful disobedience of a previous order. Upon hearing the matter, the second respondent appeared, filed an unconditional apology, and submitted an affidavit admitting no violation. The court, satisfied with the apologetic stance, closed the petition without imposing any penalty.

What did the court decide?

The contempt petition is closed and no punishment is awarded against the respondent.

S.Prakash Vs Muthu Vijaya — Contempt of Court | Madras HC (2024)

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Cont.P.No.2291 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 29.08.2024

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Coram :

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The Honourable Mr.Justice N.ANAND VENKATESH

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Contempt Petition No.2291 of 2024

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S.Prakash ...Petitioner

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Muthu Vijaya The Deputy Registrar of Co-operative Societies Salem Region, Salem.

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M.Saravanan

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The Administrator, S.402, Yercaud LAMP Co-operative Society, Jarinakadu, Yercadu Taluk, Salem District – 636 601

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...Respondents

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PETITION under Sections 11 and 12 of the Contempt of Courts Act,

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1971 praying to punish the respondents for having committed contempt of Court by disobeying the order of this Court dated 29.04.2024 passed in WP

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No.1732 of 2024.

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For Petitioner : Mr.R.Balaramesh for Mr.R.Surya Prakash For Respondents : Mr.M.Rajendran Additional Government Pleader

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.2291 of 2024

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for R1 and R2

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ORDER

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This Contempt petition has been filed for the wilful

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disobedience of the order passed in WP No.1732 of 2024 dated 29.04.2024.

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When the matter came up for hearing on 12.08.2024, this Court

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passed the following order :-

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When the matter was taken up for hearing, the notice of the respondent dated 05.08.2024 was placed before this Court. Paragraph No.3 of the notice dated 05.08.2024 is extracted herein under:

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“(3) Tl;Lwt[ r';fg;gzpahsu; xUtu; jkJ gzpepiyfs; (Service Conditions of the employees) bjhlu;ghf gjtp cau;t[ (Promotion) . gzpK:g;g[ (Seniority) kw;Wk; Cjpa epu;zak; (Pay Fixation) Mfpa ,itfspy; jkf;F FiwghLfs; ,Ug;gpd; 1983?Mk; Mz;ila jkpH;ehL Tl;Lwt[ r';f';fspd; rl;lk; gpupt[ 153?d; fPH; rpuha;t[ kD jhf;fy; bra;J jkJ Fiwfis jPu;f;f tHptifa[s;s epiyapy; khz;gik bjhHpyhsu;

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2/8

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.2291 of 2024

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mYtyfk; kw;Wk; khz;gik cau;ePjpkd;wk; Mfpatw;wpy; ,tu tHf;F bjhlu;e;jjw;fhd fhuzj;ija[gk; tpsf;fpl ; ,tu; mwpt[Wj;jg;gl;L ,e;j mwptpg;g[ gpwg;gpf;fg;gLfpwJ/ ”

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2.In the considered view of this Court, the above explanation that has been sought for by the respondent flies on the face of the order passed by this Court. In view of the same,

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the 2^nd respondent shall be present before this Court during the next date of hearing.

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3.Post this case under the caption 'for appearance of the respondent' on 27.08.2024 at 02.15 PM.

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The matter was once again listed for hearing on 27.08.2024 and this Court passed the following order :-

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When the matter was taken up for hearing today, Mr.M.Saravanan, who is the Administrator of the Cooperative Society, was present before this Court. The proceedings dated 21.08.2024 was placed before this Court.

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In this proceedings, paragraph No.3 of the earlier

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.2291 of 2024

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proceedings dated 05.08.2024 has been deleted. 2. The contemnor, who was present in person, tendered unconditional apology. When a statutory notice is issued and

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the contemnor is directed to be present before the Court, the usual practice is to file an affidavit explaining the stand of the contemnor and if the contemnor had violated the order, he generally tenders unconditional apology to the Court. No such affidavit was filed at the time of hearing. 3. When this Court had set aside the proceedings of respondents and gave liberty to the respondents to carry out the exercise afresh, the petitioner should be restored back to the original position and thereafter, proceedings must be initiated as directed by this Court. The same has not been done in this case and straight away the second respondent has issued the notice dated 05.08.2024.

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4. Learned Additional Government Pleader seeks for some time to set right the entire process and to comply with the order passed by this Court. Post this case on 29.08.2024 at

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.2291 of 2024

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02.15 p.m. The second respondent shall be present before this Court on that day

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When the matter was taken up for hearing today, the 2^nd respondent was present in person. The affidavit of the 2^nd respondent was also filed by the learned Additional Government Pleader. The relevant portions are extracted hereunder :-

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6.It is learnt that this Hon'ble Court order has set aside the proceedings dated 04.10.2023 and 06.10.2023 and thereby once the order is set aside the old status will be restored. I respectfully submit that,I will comply the order by following the procedures as mentioned in this Hon'ble Court order with

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due respect. I will not disobey the Hon'ble Court order for ever.

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7. It is submitted that the show cause notices dated 05.08.2024 and 21.08.2024 have been withdrawn and we will proceed in accordance with law by incorporating the spirit of the Hon'ble Court order dated 29.04.2024. Hence, this Hon'ble

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.2291 of 2024

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Court may give four weeks time to rework the exercise once again in order to comply his Hon'ble High Court Order.

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8. It is further submitted that I have transferred to the Post of Co-operative Sub Registrar / SF Section, Salem Circle DR Office on 01.07.2024 and now Thiru R.Manivannan is assumed charges in the post of Co-operative Sub Registrar / Administrator of Yercaud LAMP society from 07.08.2024 onwards and thereby, the new Administrator is look after the affairs of the society including handling of the Court cases.

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9. I respectfully submit that I have been respect the order passed by this Hon'ble Court and I never have intension to disobey the order of this Hon'ble Court. I reiterate that I have not willfully disobey the orders of the Court. I have higher respect for the orders of Court and majesty of Judicial. I have not violated the orders and direction of Hon'ble High Court. If any of my action is construed as an act of contempt I once again tender unconditional apology to this Hon'ble Court.

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.2291 of 2024

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In the light of the above categoric stand taken in the

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affidavit, this Court hopes that the 2 nd respondent will strictly follow the correct procedure. Accordingly, this contempt petition is closed.

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29.08.2024

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Index : Yes (or) No Neutral Citation : Yes (or) No Speaking Order : Yes (or) No

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rka

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7/8

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.2291 of 2024

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N.ANAND VENKATESH,J

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rka

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Contempt Petition No.2291 of 2024

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29.08.2024

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https://www.mhc.tn.gov.in/judis

S.Prakash v. Muthu Vijaya

Case brief

What is this about?

What did the court decide?

S.Prakash v. Muthu Vijaya

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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