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N.Dhanakesaran vs Thiru.S.Karmegam
2022 Latest Caselaw 14543 Mad

Citation : 2022 Latest Caselaw 14543 Mad
Judgement Date : 16 August, 2022

Madras High Court
N.Dhanakesaran vs Thiru.S.Karmegam on 16 August, 2022
                                                                                     Cont.P.No.277 of 2022




                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 16.08.2022

                                                          CORAM

                                  THE HONOURABLE DR. JUSTICE ANITA SUMANTH

                                                    Cont.P.No.277 of 2022
                                                             in
                                                    W.P.No.4548 of 2013


                N.Dhanakesaran                                                       ...Petitioner
                                                             Vs.

                1.Thiru.S.Karmegam, I.A.S
                  The District Collector
                  Salem District,
                  Salem.

                2. Thiru. Dhanalingam,
                   The Assistant Commissioner
                   Excise, Salem District.

                3. Mrs.Narmatha,
                  The Divisional Excise Officer,
                  Salem.
                                                                                    ...Respondents

                Prayer:Contempt Petition filed under Section 11 of the Contempt of Courts
                Act, 1971 to punish the respondents for disobedience of the order passed by
                this Court in W.P.No.4548 of 2013 dated 16.10.2020.


                                   For Petitioner      : Mr.M.Vijayakumar
                                   For Respondent      : Mr.V.Veluchamy
                                                         Additional Government Pleader
https://www.mhc.tn.gov.in/judis


                1
                                                                                         Cont.P.No.277 of 2022




                                              ORDER

Read this order in conjunction with earlier order dated 19.07.2022, extracted below:-

“Mr.V.Veluchamy , learned Additional Government Pleader , who accepts notice for the respondents , would advance two preliminary arguments.

2. Firstly , he would state that order dated 16.10.2020 , as against which the contempt is alleged , is likely to be challenged by way of a writ appeal , though he admits no writ appeal has been filed thus for .

3. Parallelly , he also draws the attention of this court to the proceedings of the Assistant Commissioner ( Excise ) , Salem in Na.Ka. No.37882 / 2014 / K1 dated 21.04.2022 , to state that the respondents are also making an attempt to comply with the order dated 16.10.2020 . He seeks two weeks time , to obtain instructions with regard to the status of both the aforesaid submissions .

4. At his request , adjourned to 16.08.2022 . If the writ appeal is not filed within the aforesaid period , it is made clear that there is no justification for the respondents to delay compliance with order dated 16.10.2020 , which must be reported at the next hearing date .

5. List on 16.08.2022.”

2.Today learned Additional Government Pleader circulates a copy of the

judgment of the First Bench of this Court dated 11.08.2022 in W.A.1774 of

2022, staying order dated 16.10.2020, in respect of which contempt is alleged.

Since the order of interim stay is unconditional, I see no purpose in keeping this

Contempt Petition pending.

3. Recording the above position, this contempt petition stands closed.

No costs.

16.08.2022

nst Index : Yes/No Speaking Order/Non speaking Order

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

Cont.P.No.277 of 2022

To,

1.Thiru.S.Karmegam, I.A.S The District Collector Salem District, Salem.

2.Thiru. Dhanalingam, The Assistant Commissioner Excise, Salem District.

3.Mrs.Narmatha, The Divisional Excise Officer, Salem.

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

Cont.P.No.277 of 2022

DR.ANITA SUMANTH,J.

nst

Cont.P.No.277 of 2022 in W.P.No.4548 of 2013

16.08.2022

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

 
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