T.Shanmugasundaram v. K.V.V.G.Diwakar,I.R.S

ORDER This Contempt Petition is filed alleging that the order of this Court dated 26.07.2018 passed in W.P.(MD)No.9434 of 2016 has not been complied with.

¶2This Court, by order dated 26.07.2018, has disposed of the writ petition in the following terms: "8. In view of setting aside the basic document namely show-cause notice, the subsequent order and the order passed in original are automatically stood vitiated.

¶9In the result, the order in original No.C.No.VIII/13/22/2012-CHAL,

(Vol.II)

dated

28.04.2016 issued by the respondent is set aside. Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed".

¶3The learned Standing Counsel appearing for the respondent, by referring to the counter affidavit filed by the respondent, submits that as against the order of this Court dated 26.07.2018 passed in W.P.

(MD)No.2043 of 2016, setting aside the show cause notice dated

11.11.2015 to the petitioner herein, the Department has already preferred an appeal before the Division Bench of this Court in W.A.

(MD)No.1243 of 2019, wherein, the Division Bench of this Court has also granted an order of interim stay by order dated 19.11.2019.

¶4In view of cognizance taken in the writ appeal in W.A.

(MD)No.1243 of 2019, this Contempt Petition is closed with liberty to the petitioner to work out his remedy based on the orders of the Division Bench of this Court in the writ appeal.

03.11.2023 ogy NCC : Yes / No. Index : Yes / No. Internet : Yes / No.

B.PUGALENDHI, J. ogy To Shri K.V.V.G.Diwakar, I.R.S., The Commissioner of Customs, New Harbour Estate, Tuticorin – 628 004.

03.11.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.11.2023 CORAM: THE HONOURABLE MR.JUSTICE B.PUGALENDHI M/s.T.Shanmugasundaram ... Petitioner versus Shri K.V.V.G.Diwakar, I.R.S., The Commissioner of Customs, New Harbour Estate, Tuticorin – 628 004. ... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent/Contemnor wilful and wantonly disobeying the order of this Court passed in W.P.(MD)No. 9434 of 2016 dated 26.07.2018. For Petitioner : Mr.B.Sathish Kumar For Respondent : Mr.R.Nandha Kumar, Standing Counsel for Customs