Madras High Court
Krishnaveni vs Vishu Mahajan on 20 October, 2022
Cont.P.No.2210 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.10.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
Contempt Petition No.2210 of 2022
Krishnaveni ...Petitioner
Vs.
Vishu Mahajan
The Deputy Commissioner
Revenue & Finance
Corporation of Chennai
Rippon Building
Chennai – 600 003. ..Respondent
Prayer: Contempt Petition filed under Section 11 of Contempt of Courts
Act, 1971, seeking to punish the respondent for his wilful disobedience of
this Court's order dated 03.04.2019 in W.A.No.1038 of 2019 on the file of
this Court.
For Petitioner : Mr.C.Ravichandran
For Respondent : Mr.G.T.Subramanian,
Standing Counsel
1/5
https://www.mhc.tn.gov.in/judis
Cont.P.No.2210 of 2022
ORDER
(Order of the Court was made by R.SUBRAMANIAN, J.)
The grievance of the petitioner is that the order of the Division
Bench dated 03.04.2019 has not been complied with by the respondent.
2. The operative portion of the order dated 03.04.2019 reads as
follows:
For the above reasons, the writ appeal is
allowed, the order dated 11.1.2019 passed in the said writ
petition is set aside, the proceedings of the second
respondent dated 29.6.2016 is quashed and the matter is
remanded to the second respondent for a fresh
consideration. The second respondent shall afford an
opportunity of personal hearing to the appellant or her
authorized representative, peruse the documents that she
may produce, call for additional documents, if needed,
obtain an indemnity bond from the appellant and pass
orders on merits and in accordance with law within a
period of eight weeks from the date of receipt of a copy of
this judgment. No costs.
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Cont.P.No.2210 of 2022
3. By an order dated 29.06.2016 the request of the petitioner was
rejected. This rejection was the subject matter of challenge in WP.No.26581
of 2016. This Court by order dated 11.01.2019 dismissed the writ petition.
The said order of dismissal was challenged in W.A.No.1038 of 2019,
wherein, the above order dated 03.04.2019 was passed by this Court.
Thereafter, on 09.10.2019, the respondent Corporation again rejected the
request of the petitioner. Contending that this rejection amounted to
contempt, the petitioner has come up with this contempt petition.
4. We have heard the learned counsel for the petitioner. We do not
find any contempt/ willful disobedience of the order of this Court on the
above narrated facts. It is seen that the direction issued by this Court was to
consider the application of the petitioner on merits and pass orders. The
Authority has considered the application and has rejected it. There is no
positive direction to grant the request of the petitioner on obtaining
indemnity bond. We therefore do not see any cause of action for contempt.
5. Hence, the contempt petition is dismissed. It will be open to
https://www.mhc.tn.gov.in/judis
Cont.P.No.2210 of 2022
the petitioner to challenge the order of rejection dated 09.10.2019.
(R.S.M.,J.) (K.B.,J.)
20.10.2022
dsa
Index:No
Speaking order
To:-
Vishu Mahajan
The Deputy Commissioner
Revenue & Finance
Corporation of Chennai
Rippon Building
Chennai – 600 003.
https://www.mhc.tn.gov.in/judis
Cont.P.No.2210 of 2022
R.SUBRAMANIAN, J.
and
K.KUMARESH BABU, J.
dsa
Contempt Petition No.2210 of 2022
20.10.2022
https://www.mhc.tn.gov.in/judis
