IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.01.2017 CORAM:
THE HONOURABLE MR.JUSTICE S.MANIKUMAR Contempt Petition No.622 of 2016 Contempt Petition No.1 of 2017 Sub-Application Nos.16 and 17 of 2017 S.Ramakrishnan .. Petitioner in both Contempt Petitions Versus
1. Thiru.C.V.Sankar, I.A.S., Secretary to Government, Government of Tamil Nadu, Mines and Quarries, Fort St. George, Chennai-9.
2. Thiru.Vikram Kapur, I.A.S., Secretary to Government, Government of Tamil Nadu, Mines and Quarries, Fort St. George, Chennai-9. ..Respondents in both Contempt Petitions (2nd Respondent is impleaded, as per the order, dated 25.01.2017)
Prayers: These Contempt Petitions filed under Section 11 of the Contempt of Court Act, 70/71 to punish the respondent for having committed contempt of Court for disobeying the orders, dated 23.09.2013, made in W.P.Nos.22009 and 22034 of 2013.
For Petitioners : Mrs.Varsha for Mr.K.Ramasamy For Respondents : Mr.T.M.Pappiah, Special Government Pleader
COMMON ORDER
On 23.12.2016, this Court in W.P.Nos.22009 and 22034 of 2013, directed the Secretary to Government, Mines and Quarries, Chennai, 1st respondent therein, to pass orders, on the representation of the petitioner, dated 20.05.2011, for refund of proportionate lease amount, for the non-operative period and additional security deposit, within a period of one month, from the date of passing of the order.
2. Contending inter alia that there was willful disobedience of the orders of this Court, dated 23.09.2013, in not taking any decision, on the representation of the petitioner, dated 20.05.2011, the present contempt petitions have been filed.
3. When both the contempt petitions came up for hearing, this Court directed the learned Government Advocate to take notice, on behalf of the respondent and to get instructions, on the averments made in the supporting affidavit. Subsequently, on 18.01.2017, taking note of the fact that Mr.C.V.Sankar, I.A.S., Secretary to the Government, Industries Department, Chennai, had retired, it was observed that if there was any continuous cause for contempt by the successor, he should have been implemented as party respondent.
4. Based on the said observation, Sub-Application Nos.16 and 17 of 2017, have been filed, to implead Mr.Vikram Kapur, I.A.S., Secretary to the Government, Industries Department, as party respondent in both the contempt petitions. As there is no objection from the learned Government Advocate, both Sub-Application Nos.16 and 17 of 2017, are ordered and Registry is directed to carry out the amendment.
5. On the basis of G.O.(2D)No.4, Industries (MMC.1) Department, dated 24.01.2017, Mr.T.M.Pappiah, learned Special Government Pleader appearing for the respondent, submitted that the directions of this Court made in W.P.Nos.22009 and 22034 of 2013, dated 23.09.2013, have been complied with and that Government have issued orders, permitting the District Collector, Thanjavur, to refund Rs.10,11,108/- towards the proportionate lease amount and
S. MANIKUMAR, J.
skm Rs.2,60,000/- towards security deposit, which is in the form of Kisan Vikas Patra, to the petitioner. Copy of the abovesaid Government Order, filed before this Court, shall be treated as part of record.
6. Inasmuch as directions of this Court in W.P.Nos.22009 and 22034 of 2013, dated 23.09.2013, have been complied with, though with delay, on the facts and circumstances of the case, there is no willful or deliberate contempt.
7. In the result, both the contempt petitions are closed. No costs.
25.01.2017 skm Contempt Petition No.622 of 2016 Contempt Petition No.1 of 2017 http://www.judis.nic.in