Cont.P(MD)No.495 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 26.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

and

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Cont.P(MD)No.495 of 2023

Tamilmaran ... Petitioner/Appellant

-vs-

Thiru.M.Senthil Murugan,

Commisisoner,

Kumbakonam Municipal Corporation,

Kumbakonam. ... Contemnor/2^nd Respondent

PRAYER: Petition filed under Section 11 of the Contempt of Courts Act,

1971, to punish the respondent for the willful and wanton disobedience and

violation of the order passed by this Court dated 07.03.2023 made in

C.M.P(MD)No.2633 of 2023 in W.A(MD)No.216 of 2023.

For Petitioner

: Mr.Elephant G.Rajendran

For Respondent : Mr.Veera Kathiravan,

Additional Advocate General, assisted by

Mr.M.Rajarajan,

Standing Counsel

O R D E R

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Cont.P(MD)No.495 of 2023

[Order of the Court was made by R.SUBRAMANIAN, J.]

Complaining violation of the orders of this Court, dated 07.03.2023

made in C.M.P(MD)No.2633 of 2023 in W.A(MD)No.216 of 2023, the

petitioner has filed this contempt petition.

2. On 28.03.2023, we had passed the following order.

“The photograph produced by the appellant shows that the

Commissioner, Kumbakonam Municipality, has used a car with a

beacon light without a number plate on 10.03.2023.

2. The Commissioner, Kumbakonam Municipality, is

required to file an affidavit explaining his conduct of using a car

with a beacon light without a number plate. Such an affidavit

shall be filed by the Commissioner, Kumbakonam Municipality,

himself by 11.04.2023.

3. We have restrained the respondent - Municipal

Corporation from putting up any construction over the property

in question, by our order, dated 07.03.2023.

4. It is the complaint of the respondents that the appellant

is now trying to put up construction. Hence, the appellant also

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Cont.P(MD)No.495 of 2023

shall not put up any further construction over the property in

question.”

3. In response, the Commissioner, Kumbakonam Municipality, has filed

an affidavit. Paragraph No.4 of the affidavit reads as follows:

“4.I beg to submit that the beacon light on the top of

the vehicle of Commissioner, Kumbakonam Municipal

Corporation was fixed, by following the G.O.Ms.No.826,

Home(Transport-V) dated 15.11.2014. The vehicle in which

the then Commissioner, Kumbakonam Municipal Corporation

was travelling on the said day is a new vehicle belonging to

the Kumbakonam Municipal Corporation, issued with a

temporary certificate of registration. Therefore, a sheet with

a Temporary number was affixed in place of a permanent

number plate. On 10.03.2023, the corporation officials

informed the then Commissioner, that the appellant and his

party were encroaching on the valuable land belonging to the

kumbakonam Municipal Corporation, therefore, the then

Commissioner, Kumbakonam Municipal Corporation in order

to prevent such encroachment, went to the said place in the

said vehicle in a hurry. Unfortunately, the temporary number

sheet affixed to the vehicle flew away due to heavy wind and

inadvertently the same was not noticed by the driver of the

said vehicle. Thereafter, without noticing the said mistake,

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Cont.P(MD)No.495 of 2023

the then Commissioner proceeded with his official duty in the

said vehicle, and at that time, the said photograph might have

been taken.”

4. Reliance placed on G.O.Ms.826, Home (Transport - V) dated

15.11.2014, is ill-conceived. The Central Motor Vehicle Rules, 1989,

particularly, Clause (iii) of Sub-Rule 1 of Rule 108 which permitted to use red

or blue beacon lights on the cars of V.V.I.Ps and V.I.Ps, was deleted by an

a