Peelamedu Consumer Voice, Rep. by its President P. v. Gopal VS K. Vijay Karthikeyan, IAS, The Commissioner, Coimbatore
2021-12-22
MUNISHWAR NATH BHANDARI, P.D.AUDIKESAVALU
body2021
DigiLaw.ai
JUDGMENT :- Munishwar Nath Bhandari, ACJ. (Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for willful disobedience and violation of the order dated 17.12.2009 in W.P.No.21575 of 2007.) 1. The contempt petition has been filed alleging non compliance of the order dated 17.12.2009 in W.P.No.21575 of 2007. 2. The respondent contemnors have filed an affidavit to show the compliance of the order, by referring to the directions in paragraph 17 of the order. For ready reference, paragraph 17 of the order is quoted below: “17. The first respondent-Commissioner, Coimbatore Corporation is directed to prepare a Scheme / Sketch for re-alignment of the Scheme Road taking into consideration the construction put up by the fourth respondent-Organisation in the lands acquired for their purpose and submit the same to the Local Planning Authority. The said exercise can be done by the first respondent within a period of four weeks from the date of receipt of a copy of this order. The Local Planning Authority, on receipt of such a proposal from the first respondent, is directed to consider the same and forward it to the second respondent, viz., the director of Town and Country Planning, Chennai within a period of two weeks thereafter. The second respondent, on receipt of such proposal from the Local Planning Authority, is directed to consider the same and pass appropriate orders thereon expeditiously, and not later than four weeks from the date of receipt of the proposal from the Local Planning Authority.” 3. The affidavit has been filed to show the compliance of all the steps taken, as directed by the Court and that the Scheme has also been approved. In view of the above, a prayer is made to close the contempt petition and to discharge the contemnors, who are otherwise present in Court pursuant to the direction of this Court dated 10.11.2021. 4. Learned counsel for the petitioner has made a reference to the order dated 13.07.2021 to show the intention of the Court while passing the order to ensure that after approval of the Scheme Road, it is also constructed. 5. We have considered the affidavit and also perused the order dated 13.07.2021. The fact which is required to be taken into consideration is only about the jurisdiction of the contempt Court.
5. We have considered the affidavit and also perused the order dated 13.07.2021. The fact which is required to be taken into consideration is only about the jurisdiction of the contempt Court. It is to examine whether the compliance of the direction given by the Court is made or not. Once the compliance is made, no further direction could be given to extend the benefit beyond the order, of which compliance is sought, in view of the judgment of the Apex Court in the case of J.S.Parihar v. Ganpat Duggar [ (1996) 6 SCC 291 ]. 6. In view of the above and finding compliance of the order, we close the contempt petition and accordingly, discharge the contemnors. The presence of the contemnors, pursuant to the direction of the Court, is recorded. It may, however, be clarified that if any further direction is required, the petitioner and for that purpose, others would be at liberty to take appropriate remedy.