BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

(Special Original Jurisdiction)

Contempt Petition No. /2021

In
W.P(MD) No. 12824/2018

B.Pandi, aged about 83 years

S/o. Balachandran,
126/D11, Arockiya Matha North Street,
Arapalayam,
Madurai - 625016. … Complainant / Petitioner

-Vs-

Mr.S.Visakan,
The Commissioner,
Madurai Corporation,
Madurai - 2. ... Contemnor / Sole Respondent

AFFIDAVIT OF THE PETITIONER

I, B.Pandi S/o. Balachandra Naidu, Hindu, aged about 85 years residing at

126/D11, Arockiya Matha North Street, Arapalayam, Madurai - 625016 do hereby
solemnly affirm and sincerely state as follows.

1) I am the petitioner herein and as such I am well acquainted with the facts and
circumstances of the case.

2) I submit that in the year 2013, the respondent passed a work contract estimate
Ma.Po-/EST 272 & 273/12-13 for making Paver Block roads in Zone I, Ward 10, Velaan
Street, Arappalayam. The total estimate assessed about Rs. 4,99,000/- . I was the
successful bidder in the tender. But the work order was not issued. Awaiting work order,
while carrying out the some nearby tender works, the local councilor Mr.R.ArunKumar
and Asst Engineer Mrs.Manjula Devi and AW Mr.Kamaraj directed me to lay roads to
work contract estimate Ma.Po-/EST 272 & 273/12-13 for making Paver Block roads in
Velaan Street, Ward 10, Arappalayam. They assured to get the work order for the same.
Relying their words, I have layed Paver block road and completed the same successfully.
The same was inspected and entered as completed in M.Book by the then Asst.Engineer. I
have communicated the files along with M.Book which was received by the respondent.
 3) I submit that even after my successful completion, the respondent delayed the
the process of work order issuance and bill approval. I have completed the works worths
about Rs.4,99,000/- for Ma.Po-/EST 272 & 273/12-13 but the same has not been
monetized due to the lethargic attitude of the concerned officials. Hence the respondent is
liable to pay a sum of Rs. 4,99,000/-.

4) I submit that despite several representations, no actions were taken. Hence I

have filed a writ petition in W.P(MD) No. 12824/2018. The Hon’ble bench presided by
Hon’ble Mr. Justice M.GOVINDARAJ vide its order dated 18.06.2018 disposed the writ
petition by directing the contemnor to take action upon the request of the petitioner and
directed to consider the disbursement of money to him within a period of three months.
But even after a lapse of 2 years, the contemnor has not taken any action.

5) I submit that subsequently, I have submitted representations dated

29.07.2020 and 05.01.2021 to the contemnor communicating the order and sought action
on compliance of the same. Even with several representations in person, the contemnor
has not taken any action. Later I have sent a contem pt notice dated 09.09.2020 through
my counsel. However the order of this Hon’ble court is not complied till date. It shows the
willful disobedience of the respondent herein against the order of this Hon’ble court. The
failure to implement the orders passed by this Hon’ble Court is wanton and wilful. Hence
it is just and necessary to punish the respondent herein for his willful disobedience of this
Hon’ble court’s order.

Therefore it is prayed that this Hon’ble court may be pleased to issue a notice of
Contempt to the respondent and punish the contemnor for committing contempt and gross
disobedience of the order passed by this Hon’ble court in WP.(MD).No. 12824/2018
dated 18.06.2018 and to pass such other orders as this Hon'ble Court may deem fit and
proper in the circumstances of the case and thus render justice.

Solemnly affirm at Madurai

this 2nd day of February 2021.
and signed his name in my
presence, after read over
the contents in Tamil to the deponent.
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
(Special Original Jurisdiction)

Contempt Petition No. /2021

In
W.P(MD) No. 12824/2018

B.Pandi, aged about 83 years

S/o. Balachandran,
126/D11, Arockiya Matha North Street,
Arapalayam,
Madurai - 625016. … Complainant / Petitioner

-Vs-

Mr.S.Visakan,
The Commissioner,
Madurai Corporation,
Madurai - 2. ... Contemnor / Sole Respondent

PETITION FILED U/S 11 OF CONTEMPT OF COURTS ACT

The address for service of all notices and processes on the petitioner is that of his
counsel M/s N.Karthik kanna and V. Janaki Advocates at No.38, Lawyers chamber,
Madurai Bench of the Madras High Court Madurai -625 023.

The address of service of all notices and process on the respondent is that as
mentioned above.

For the reasons stated in the accompanying affidavit, it is prayed that this Hon’ble
court may be pleased to issue a notice of Contempt to the respondent and punish the
contemnor for committing contempt and gross disobedience of the order passed by this
Hon’ble court in WP.(MD).No. 12824/2018 dated 18.06.2018 and to pass such other
orders as this Hon'ble Court may deem fit and proper in the circumstances of the case
and thus render justice..

Dated at Madurai on this 2nd day of February 2021.

Counsel for the Petitioner.

 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Contempt Petition No. /2021

in
W.P(MD) No. 12824/2018

B.Pandi, aged about 83 years

S/o. Balachandran,
126/D11, Arockiya Matha North Street,
Arapalayam,
Madurai - 625016. … Complainant / Petitioner

-Vs-

Mr.S.Visakan,
The Commissioner,
Madurai Corporation,
Madurai - 2. ... Contemnor / Sole Respondent
.

INDEX FOR THE TYPED SET OF PAPERS

Page
Sl.No Date Particulars
No.
Affidavit and Writ Petition in
1 04.07.2017
W.P(MD) No. 12824/2018
Order passed in
2 18.06.2018
W.P(MD) No. 12824/2018
3 29.07.2020 1st Representation of the respondent

4 09.09.2020 Contempt Notice

5 05.01.2021 2nd Representation of the respondent

6 Postal Acknowledgment & Receipts

The above mentioned documents are the true copies of their originals.

Dated at Madurai on this 2nd day of February 2021.

Counsel for the Petitioner.

DISTRICT : MADURAI

BEFORE THE MADURAI BENCH

OF MADRAS HIGH COURT
(Special Original Jurisdiction)

Contempt Petition No. /2021

 In
W.P(MD) No. 12824 & 12825/2018

B.Pandi …Petitioner.
Vs.

Mr.S.Visakan,
The Commissioner,
Madurai Corporation,
Madurai - 2.
... Respondent.

Counsel for Petitioner

N.KARTHIK KANNA (683/2009)

COMMON TYPED SET OF PAPERS
V.JANAKI (2886/2010)
(Ph : 9865091700)

DISTRICT : MADURAI

BEFORE THE MADURAI BENCH

OF MADRAS HIGH COURT
(Special Original Jurisdiction)

Contempt Petition No. /2021

In
W.P(MD) No. 12825/2018

B.Pandi …Petitioner.
Vs.

Mr.S.Visakan,
The Commissioner,
Madurai Corporation,
Madurai - 2.
... Respondent.

PETITION FILED U/S 11 OF

CONTEMPT OF COURTS ACT
 DISTRICT : MADURAI

BEFORE THE MADURAI BENCH

OF MADRAS HIGH COURT
(Special Original Jurisdiction)

Contempt Petition No. /2021

In
W.P(MD) No. 12825/2018

B.Pandi …Petitioner.
Counsel for Petitioner Vs.

N.KARTHIK KANNA (683/2009) Mr.S.Visakan,

V.JANAKI (2886/2010) The Commissioner,
Madurai Corporation,
(Ph : 9865091700) Madurai - 2.
... Respondent.

AFFIDAVIT OF THE PETITIONER

Counsel for Petitioner

N.KARTHIK KANNA (683/2009)

V.JANAKI (2886/2010)
(Ph : 9865091700)