[Order of the Court was made by T.S.SIVAGNANAM, J.] This Contempt petition has been filed alleging the willful dis- obedience of the Judgement in in W.A.(MD)No.699 of 2009 dated 15.03.2011.
2.Heard M/s.C.Godwin, learned counsel appearing for the petitioner and M/s.L.Victoria Gowri, learned counsel appearing for the respondent.
3. The learned counsel for the condemnor would submit that the direction issued in paragraph No.17 has not been complied with and no notice was issued to the condemnor and therefore he is continuing to operate saw mill. However we find in paragraph No.17 in the last line, it is stated as ?till the final orders are passed, the appellant is restrained from operating saw mill?. In such circumstances, the continuous operation of the saw mill by the respondent would be a clear violation of the restrain order passed by Court. Therefore, we direct the respondent/condemnor to close the saw mill forthwith. The District Collector, Kanniyakumari District is directed to ensure that the order is complied with. After the saw mill is closed, we will afford opportunity to the respondent to file a counter and here them on merits.
List the matter on 07.07.2017.
To M.Vaikundarajan Proprietor of Messers Priya Saw Mill, Peyode, Santhapuram (Via) Asaripallam.
Kanyakumari District..