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Joseph vs Mr.Sunil Powlival

Madras High Court|14 December, 2009

JUDGMENT / ORDER

This contempt petition has been filed by the petitioner, praying that this Court may be pleased to punish the first respondent for willful disobedience of the order passed by this Court, on 21.07.2005, in W.P.(MD) No.6191 of 2005.
2. The petitioner has filed the present contempt petition saying that the first respondent had willfully disobeyed the directions issued by this Court, by its order, dated 21.07.2005. It has been stated that no order has been passed pursuant to the directions issued by this Court in its order, dated 21.07.2005.
3. The learned Government Advocate appearing on behalf of the first respondent had submitted that no order could be passed considering the representation of the petitioner, dated 16.06.2005, as directed by this Court, by its order, dated 21.07.2005, since the second respondent in the contempt petition had filed a writ petition before this Court, in W.P.(MD) No.38293 of 2005, impleading the District Collector, Kanyakumari District, as the third respondent therein.
4. This Court, by its order, dated 30.11.2005, had directed the District Collector, Kanyakumari District, not to interfere with the rights of the petitioner, with regard to the construction of the C.S.I. Church, at R.S.No.589/7, of Vellancode village, Kanyakumari District.
5. The learned counsel had also submitted that the first respondent had passed an order based on the opinion given by the learned counsel appearing on his behalf. The order had already been despatched to the petitioner.
6. In such circumstances, since this court finds that there is no willful disobedience of the order of this Court, dated 21.07.2005, made in W.P.No.6191 of 2008, and as no further orders are necessary, the contempt petition stands closed. No costs.
Sd/-
To
1. Mr.Sunil Powlival, The District Collector, Kanyakumari District, Nagercoil.
2. Mr.Benson, Secretary, The Neduvilar C.S.I. Church, Vellancode Village,Vilavancode Taluk, Chitharal P.O., Kanyakumari District.
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Title

Joseph vs Mr.Sunil Powlival

Court

Madras High Court

JudgmentDate
14 December, 2009