M. KASIRAJAN Vs. M. RAVI KUMAR

JUDGEMENT

(1.) THE petitioner filed W.P. (md). No. 12973 of 2013 before this Court seeking a mandamus to the respondents to shift the TASMAC shop No. 9905 from Door Nos. 23 and 23 -A at Muthandapuram, 2nd Street, Kovilpatti, Thoothukudi District on the ground that the petitioner is the owner of the property bearing door Nos. 20 and 21 at Muthandapuram, 2nd Street, Kovilpatti, Thoothukudi District, wherein, the Tamil Nadu Open University Study Centre is run imparting education to hundreds of students. Alleging that the location of TASMAC shop is a nuisance and the same violates the fundamental rights of the petitioner, he filed this writ petition. After having heard the learned counsel on either side, this Court by order dated 13.11.2013, allowed the writ petition and passed the following direction:

(2.) ALLEGING that the said direction has not been complied with, the petitioner filed this contempt petition on 10.09.2014 and that is how, the same is before me for disposal.

(3.) THE second contemnor is present before this Court. He is represented by the learned Standing Counsel appearing for the TASMAC. He would submit that as against the order of this Court dated 13.11.2013, an appeal was preferred by the respondents herein in W.A. (MD). No. 1247 of 2013. It is stated that during the pendency of the said writ appeal, an order of Stay was granted, thereby staying the operation of the order dated 13.11.2013. In view of the order of stay passed by the Division Bench, the TASMAC shop was not closed. Finally, the said appeal was also dismissed by the Division Bench on 17.02.2014 itself. Thereafter, the respondent filed a review petition in Rev. Appln. (md). No. 33 of 2014, which was also dismissed as early as on 23.06.2014.