{"id":73041,"date":"2005-10-28T00:00:00","date_gmt":"2005-10-27T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/e-thangasamy-raja-vs-mr-a-mani-on-28-october-2005"},"modified":"2016-11-19T02:51:39","modified_gmt":"2016-11-18T21:21:39","slug":"e-thangasamy-raja-vs-mr-a-mani-on-28-october-2005","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/e-thangasamy-raja-vs-mr-a-mani-on-28-october-2005","title":{"rendered":"E.Thangasamy Raja vs Mr.A.Mani on 28 October, 2005"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">E.Thangasamy Raja vs Mr.A.Mani on 28 October, 2005<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS           \n\nDATED: 28\/10\/2005  \n\nCORAM   \n\nTHE HON'BLE MR.JUSTICE P.K.MISRA       \n\nCONTEMPT PETITION No.196 of 2005     \n\nE.Thangasamy Raja   \nS\/o.T.M.K.Ettayappan             ..                           Petitioner\n\n-Vs-\n\n1.  Mr.A.Mani\n    The Executive Officer\n    Ettayapuram Selection Grade\n      Town Panchayat\n    Ettayapuram\n    Tuticorin District.\n\n2. S.Saravanavelu\n    who is presently working as\n    Executive Officer\n    Special Village Panchayat\n    Kanyakumari.\n\n    (Proceedings closed against\n     Respondent No.2 by order dated\n     1.10.2005)\n\n3.  A.Nagarathinam \n    who is presently working as\n    Executive Officer\n    Special Village Panchayat,\n    Earal, Thoothukudi District.         ..              Respondents\n\n    Respondents-2 &amp; 3 are impleaded\n    as  per  order  dated 29.7.2005\n    made   in  the  above  Contempt\n    Petition.\n\n\n        Contempt Petition filed under Sections 10 and 12 of  the  Contempt  of\nCourts  Act  to  punish  the  respondent for wilful disobedience of the orders\npassed by this Court in W.P.No.40814 of 2002 dated 31.3.2004. \n\n!For petitioner :       Mr.J.Pothiraj\n\n^For respondent-1       :       Mr.R.Karthikeyan\n                        Government Advocate\n\nFor respondent-3        :       Mr.V.Ramajagadeesan\n\n\n:ORDER  \n<\/pre>\n<p>        The contempt petition has been filed by the petitioner  in  W.P.No.408<br \/>\n14 of  2002,  which  was  allowed  on 31.3.2004.  The operative portion of the<br \/>\njudgment is as follows:-\n<\/p>\n<p>&#8221; 10.   Having regard to the facts and circumstances of the case  and  keeping<br \/>\nin  view the several orders passed by the High Court on earlier occasions, the<br \/>\nimpugned proceedings dated 27.5.2002 is quashed and it is  directed  that  the<br \/>\npetitioner&#8217;s  application  for renewal or fresh application for renewal should<br \/>\nbe considered in accordance with law and it should be borne in mind  that  the<br \/>\npetitioner as the priority in right to hold the market on Saturdays and if the<br \/>\nrespondent  is  of  the  opinion  that  weekly  market  cannot  be held at two<br \/>\ndifferent places on the very same day, the respondent would to well shift  its<br \/>\nmarket day  to  any  other  suitable  day.    Keeping in view the recalcitrant<br \/>\nattitude of the respondent, I direct the  respondent  to  pay  a  consolidated<br \/>\ncosts of  Rs.2,500\/-  to  the  petitioner.    Pending application or the fresh<br \/>\napplication for renewal should be considered by the respondent in the light of<br \/>\nthe observations made within a period of four weeks from the date  of  receipt<br \/>\nof a copy of this order.&#8221;\n<\/p>\n<p>        2.   The writ petitioner received a copy of the order on 16.4.2004 and<br \/>\nthereafter sent a representation on 6.5.2004 annexing a copy of the  order  to<br \/>\nconsider the  application for renewal.  The representation and the copy of the<br \/>\norder was served on the original respondent, who was the Executive Officer  of<br \/>\nthe Ettayapuram  Selection Grade Town Panchayat, but no action was taken.  The<br \/>\nsecond representation dated 3.8.2 004  was  made,  which  was  received.    On<br \/>\n11.8.2004,  the  respondent  sent a communication stating that writ appeal has<br \/>\nbeen filed.  When the When the petitioner requested to furnish number  of  the<br \/>\nwrit  appeal,  the  respondent  gave  a  reply dated 23.8.2004 indicating S.R.<br \/>\nNumber of  the  writ  appeal.    On  1.8.2004,  the  petitioner  informed  the<br \/>\nrespondent that W.A.No.3518 of 2004 was dismissed as withdrawn.  Subsequently,<br \/>\nby  proceedings  dated 12.11.2004, the respondent informed the petitioner that<br \/>\nthey would renew the licence after the petitioner files a  fresh  application.<br \/>\nOn  16.11.2004, the petitioner sent a detailed representation that he had sent<br \/>\na representation as early as on 6.5.2004 with proper application  and  licence<br \/>\nfee of   Rs.75\/-  by  demand  draft  dated  5.5.2004.    After  receiving  the<br \/>\nrepresentation dated 16.11.2004,  the  respondent  sent  another  reply  dated<br \/>\n23.11.2004  indicating that the demand draft sent by the petitioner has become<br \/>\ntime barred\/invalid and directed the petitioner to take a fresh  demand  draft<br \/>\nin order  to  renew  the  licence.    By  representation dated 29.11.2004, the<br \/>\npetitioner informed the respondent that the demand draft  has  become  invalid<br \/>\ndue to negligence of the respondent and it was not the fault of the petitioner<br \/>\nand  it  is  further  indicated  that  only to drag on the question of issuing<br \/>\nlicence, the respondent is involving in such dilatory tactics.  The petitioner<br \/>\nalso indicated that he had provided sufficient toilet  facilities,  which  has<br \/>\nbeen   confirmed   by  the  Advocate  Commissioner  during  the  earlier  writ<br \/>\nproceedings.  In order to satisfy  the  demand  of  the  respondent,  a  fresh<br \/>\napplication  was also made by the petitioner, which was received on 1.12.2004,<br \/>\nand the respondent, on some pretext of the other,  is  indulging  in  dilatory<br \/>\ntactics  nor  deny the right of the petitioner in total disregard of the order<br \/>\npassed by the High Court.\n<\/p>\n<p>        3.  A counter affidavit was filed by the  original  contemner  A.Mani.<br \/>\nIn  such counter affidavit, it has been indicated that the order was passed on<br \/>\n31.3.2004 in W.P.No.40814 of 2002 and at that time, one Nagarathinam  was  the<br \/>\nExecutive Officer  of  the Panchayat.  An explanation has been called for from<br \/>\nthe said Nagarathinam by the Assistant Director of Town Panchayat on 23.4.2005<br \/>\ncalling for this explanation as to why the writ appeal was withdrawn and  such<br \/>\nofficer gave a reply on 3 0.5.2005 stating that the Advocate had withdrawn the<br \/>\nappeal  due  to  &#8221; contingency and prevailing circumstances in the Court hall&#8221;<br \/>\nand the letter of the Advocate was enclosed along with the  explanation.    A.<br \/>\nMani,  in  his  affidavit,  has further stated that everything was done by the<br \/>\nprevious Executive Officer and he joined only on  22.12.2004  and  before  his<br \/>\njoining,  the writ appeal was withdrawn on 29.9.2004 and the subsequent Review<br \/>\nPetition filed to review the judgment was dismissed and a copy of the judgment<br \/>\nin the Review Petition was received by A.  Mani on 17.3.2005.  It  is  further<br \/>\nstated  that  before  A.Mani  joined, show cause notice was issued to the writ<br \/>\npetitioner to rectify the defects so as to enable the Panchayat to  grant  the<br \/>\nlicence  for  the  private  market  and  since the defects were not rectified,<br \/>\nA.Mani simply passed  the  rejection  order  on  11.6.2005  stating  that  the<br \/>\npetitioner  has  not  complied  with  the  direction  of the Panchayat and not<br \/>\nrectified the defects.  It is further indicated:\n<\/p>\n<p>&#8221;       &#8230;  The subordinates of  the  Ettayapuram  Town  Panchayat  have  not<br \/>\nproperly guided me and they have not brought to my notice about the directions<br \/>\nof  this  Hon&#8217;ble Court in the aforesaid Writ Petition and there was no proper<br \/>\nadvice from my subordinates and from the local  Government  Pleader,  who  has<br \/>\ngiven  opinion  to  the Panchayat when the previous Executive Officers were in<br \/>\nservice.  I was under the bona fide impression that since the  petitioner  has<br \/>\nnot  complied  with  the directions of the Panchayat to rectify the defects to<br \/>\nrun the private market, as a follow up measure, I have issued a  formal  order<br \/>\nof rejection on 11 .6.2005 and all the previous acts were done by the previous<br \/>\nExecutive Officers,  namely,  Saravana  Velu  and  Nagarathinam.  I state that<br \/>\nsince there was a threat from the higher officials to run the public market on<br \/>\nSaturday, and to shift the private market to any other day  having  regard  to<br \/>\nthe augmentation of the revenues of the Panchayat and since I was not properly<br \/>\ninstructed  by  my  subordinates  and the orders of this Hon&#8217;ble Court was not<br \/>\nbrought to my notice by any subordinates without knowing  the  consequences  I<br \/>\nhave  passed  the  order  of  rejection  as  a routine follow up action on the<br \/>\nactions taken by the previous Executive Officer of the  said  Town  Panchayat.<br \/>\nThere  is  no  deliberate  intention  on my part to disobey the orders of this<br \/>\nHon&#8217;ble Court and I am innocent and I may be pardoned in case if this  Hon&#8217;ble<br \/>\nCourt  comes  to  the  conclusion that I am guilty of contempt and I tender my<br \/>\nunconditional apology for my salutary act of passing the order of rejection of<br \/>\nlicence on 11.6.2005.  I state that the notice of contempt may be given to the<br \/>\nprevious Executive Officers viz.    Saravana  Velu  and  Nagarathinam  of  the<br \/>\naforesaid panchayat and I may be relieved from the contempt proceedings.  &#8221;\n<\/p>\n<p>        4.   On the basis of the aforesaid affidavit, by order dated 29.7.2005<br \/>\n, notices were directed to be issued to Saravana Velu  and  Nagarathinam,  who<br \/>\nhave been impleaded as respondents-2 and 3 respectively.\n<\/p>\n<p>        5.   Respondent  No.2  had filed an affidavit stating that he had been<br \/>\ntransferred even before the final order in the writ petition was passed.    In<br \/>\nview  of  such  affidavit, the contempt petition was closed against respondent<br \/>\nNo.2 by order dated 1.10.2005.\n<\/p>\n<p>        6.  Respondent No.3, who was the Executive Officer at  the  time  when<br \/>\nthe  order  was passed, has filed an affidavit stating that he was transferred<br \/>\nto another Town Panchayat and he was relieved on  22.12.2004.    It  has  been<br \/>\nstated  by him that by his letter dated 11.8.2004, the petitioner was informed<br \/>\nthat writ appeal had been filed against the order and after knowing the result<br \/>\nof the appeal, further proceedings would be initiated.  It  has  been  further<br \/>\nstated  that he had never given any instruction to the counsel to withdraw the<br \/>\nwrit appeal.  It is further stated:\n<\/p>\n<p>&#8221;       &#8230;  Thereafter, this Respondent by his proceedings  dated  12.11.2004<br \/>\nrequested  the  petitioner  to  submit  a fresh application and the petitioner<br \/>\nsubmitted a fresh application with a demand  Draft  for  Rs.75\/-  on  6.5.2004<br \/>\nenclosing the  Demand  Draft  of  Rs.75\/-  dated  5.5.2004.   Thereafter, this<br \/>\nRespondent sent another reply on 25.11.2004 stating that the Demand Draft sent<br \/>\nby the Petitioner has become time barred and directed the Petitioner to take a<br \/>\nfresh Demand Draft for which the Petitioner sent a reply on 29.11.2004 stating<br \/>\nthat the petitioner is not in any  way  responsible  for  the  invalid  Demand<br \/>\nDraft.   However,  the  Petitioner  submitted another fresh application on 1st<br \/>\nDecember 2004 and remitted licence fee of Rs.8175\/-.&#8221;\n<\/p>\n<p>        In paragraph 4 of the counter, it is stated:\n<\/p>\n<p>&#8220;4.     &#8230;  the petitioner is bound to pay 15% of the amount  collected  from<br \/>\nthe  public as a licence fee and the Petitioner never submitted a true account<br \/>\nof collection for the year 2001-2002 and therefore this Respondent is not in a<br \/>\nposition to calculate the licence fee.  The Petitioner is also responsible for<br \/>\nthe delay in  getting  the  licence  because  he  has  failed  to  submit  his<br \/>\napplication  till  a fresh application was asked for by this Respondent and he<br \/>\nhas also not remitted the correct licence fee by submitting a true and  proper<br \/>\naccount of his collection of the previous year 2002 and thereby prevented this<br \/>\nRespondent  from  calculating  the  correct  licence  fee  and  therefore  the<br \/>\nPetitioner has also considerably contributed to the delay in the  disposal  of<br \/>\nthe application  for  renewal.    The averments to the contra in para 7 of the<br \/>\naffidavit are therefore legally not sustainable.\n<\/p>\n<p>                5.  Apart from that this Respondent had issued  a  show  cause<br \/>\nnotice  to  the  Petitioner  pointing  out the defects and deficiencies by his<br \/>\nletter dated 20.12.2004 and the Petitioner has not  rectified  those  defects.<br \/>\nIn  the  mean  time  this  Respondent was transferred from Ettayapuram Special<br \/>\nVillage Panchayat to Eral Special Village Panchayat.&#8221;\n<\/p>\n<p>        7.  On the basis of the aforesaid statement, the third respondent  has<br \/>\nsubmitted  that  there  is  no  intentional  or wilful disobedience by him and<br \/>\nbecause of the unhelpful attitude of the petitioner in not paying the  correct<br \/>\nfee  and  not  complying  with  the  correct  licence  fee, there was delay in<br \/>\ndisposing of the application and there is no wilful disobedience.\n<\/p>\n<p>        8.   The  attitude  of  the  previous  Executive  Officers  has   been<br \/>\nhighlighted in  paragraph 9 of the judgment.  It is obvious that the very same<br \/>\nattitude is reflected in the actions of  the  subsequent  Executive  Officers,<br \/>\nnamely, Respondent  No.1 as well as Respondent No.3.  The successive Executive<br \/>\nOfficers have bent upon to reject the application of the  writ  petitioner  on<br \/>\nsome pretext  or  the other.  In fact, it is apparent from the averment of the<br \/>\nRespondent No.1 that &#8220;there was a threat from the higher officials to run  the<br \/>\npublic  market  on  Saturday, and to shift the private market to any other day<br \/>\nhaving regard to the augmentation of the revenues of the Panchayat&#8221; shows  the<br \/>\nscant  respect  of  the respondents-1 and 3 as well as their superior officers<br \/>\nregarding the order passed by the High Court even  after  the  appeal  against<br \/>\nsuch order was dismissed as withdrawn.\n<\/p>\n<p>        9.   The  specific averment of the petitioner that the writ appeal was<br \/>\nwithdrawn as otherwise the Division Bench was inclined to impose  heavy  costs<br \/>\non  the  Panchayat  (Appellant)  has  not  at  all  been replied in any of the<br \/>\naffidavits filed by the respondents.  A bare perusal of  the  history  of  the<br \/>\nlitigations,  which  has been narrated in the main judgment in paragraph 2 and<br \/>\nthe subsequent  events  clearly  indicate  that  the  Panchayat,  through  the<br \/>\nExecutive Officers, is bent upon defying the order of the High Court passed at<br \/>\ndifferent stages.   In view of the aforesaid attitude, there is no escape from<br \/>\nthe painful conclusion that the respondents-1 and 3,  and  even  the  superior<br \/>\nofficers,  have  deliberately  flouted  the  order  of this Court by trying to<br \/>\nover-reach such order by whatever pretext available.  There is no escape  from<br \/>\nthe   conclusion  that  the  respondents-1  and  3  have  committed  contempt.<br \/>\nRespondent No.3 was the Executive Officer, when the order was passed.  He  had<br \/>\nthe occasion to comply with the order.  There was long and deliberate delay in<br \/>\ndisposing  of  the  matter  on  his  part and even after dismissal of the writ<br \/>\nappeal, he  dilly-dallied  in  the  matter  on  some  pretext  or  the  other.<br \/>\nSimilarly, respondent No.1 had occasion to comply with the order subsequently,<br \/>\nbut  he has dealt the matter with a cavalier fashion and by his own admission,<br \/>\nthe fact that he was pressurised by the superior  officers,  was  one  of  the<br \/>\nreasons for rejection of the application.\n<\/p>\n<p>        10.   In  view  of  the above, both of them are found guilty of having<br \/>\nwilfully committed contempt of this Court&#8217;s order.  The question of punishment<br \/>\nshall be considered after hearing the counsels for respondents on such aspect.<br \/>\nThe matter shall be listed in the next list for hearing  on  the  question  of<br \/>\npunishment.\n<\/p>\n<p>Index:  Yes<br \/>\nInternet:  Yes<\/p>\n<p>dpk\/ksv<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court E.Thangasamy Raja vs Mr.A.Mani on 28 October, 2005 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28\/10\/2005 CORAM THE HON&#8217;BLE MR.JUSTICE P.K.MISRA CONTEMPT PETITION No.196 of 2005 E.Thangasamy Raja S\/o.T.M.K.Ettayappan .. Petitioner -Vs- 1. Mr.A.Mani The Executive Officer Ettayapuram Selection Grade Town Panchayat Ettayapuram Tuticorin District. 2. S.Saravanavelu who is presently [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-73041","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>E.Thangasamy Raja vs Mr.A.Mani on 28 October, 2005 - Free Judgements of Supreme Court &amp; High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/e-thangasamy-raja-vs-mr-a-mani-on-28-october-2005\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"E.Thangasamy Raja vs Mr.A.Mani on 28 October, 2005 - Free Judgements of Supreme Court &amp; 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