Madras High Court
Mettur Malco And Analmin Nilaya vs Thiru S.Karmegam on 5 August, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
Cont.P.No.268 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.08.2022
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR
Cont.P.No.268 of 2022
Mettur Malco and Analmin Nilaya
Anna Pothu Tholilarkal Sangam,
Represented by its Secretary C.Perumal. .. Petitioner
vs.
1.Thiru S.Karmegam, I.A.S.,
District Collector, Salem,
Salem District.
2.Ms.Sumathi Angusamy
Associated Vice-President,
Malco Energy Limited,
Karumalaikoodal, P.N.Patti,
Mettur Taluk, Salem District. .. Respondents
Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts
Act, 1971, praying to punish the respondents for wilful disobedience of the
order passed by this Court dated 26.03.2021 passed in W.P.No.2333 of 2021.
For Petitioner : M/s.K.Dhananjayan
For Respondent : Mr.C.Selvaraj,
Additional Government Pleader for R1
Mr.Rahul Balaji for R2
https://www.mhc.tn.gov.in/judis
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Cont.P.No.268 of 2022
ORDER
The petitioner, alleging non-compliance of the order passed by this Court 26.03.2021 in W.P.No.2333 of 2021, has filed the present contempt petition.
2. According to the petitioner, the respondents have not complied with the order passed by this Court and the second respondent has acted contrary to the undertaking given before this Court.
3. The second respondent has filed a counter affidavit stating that the second respondent has been acting strictly in accordance with the order and has dismantled only the machineries and non-hazardous waste expressly permitted by the order of the District Collector, Salem dated 28.12.2020 in furtherance of the direction issued by the Joint Director of Industrial Health and Safety on 25.07.2016 and furthermore, the second respondent company continues to abide by the undertaking that it shall not remove plant and machineries from the functioning unit i.e., the Power Plant. It is also made clear that dismantling activities and the removal undertaken in the non- operational Aluminium Plant are being falsely projected as if such activities are https://www.mhc.tn.gov.in/judis 2 Cont.P.No.268 of 2022 being undertaken in the running unit of 2nd respondent Company and only those aluminium machineries and assets were removed that were listed in the Joint Director of Industrial Safety and Health Order dated 28.12.2020. According to the second respondent, they have complied with the order passing by this Court and there is no disobedience, as alleged by the petitioner.
4. The petitioner has not filed any reply to the aforesaid averments made by the second respondent in the counter affidavit.
5. In the light of the above, the Contempt Petition stands closed.
05.08.2022
Index : Yes / No
Internet : Yes / No
Jvm
To
Thiru S.Karmegam, I.A.S.,
District Collector, Salem,
Salem District
D.KRISHNAKUMAR. J
https://www.mhc.tn.gov.in/judis
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Cont.P.No.268 of 2022
Jvm
Cont.P.No.268 of 2022
05.08.2022
https://www.mhc.tn.gov.in/judis
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