P.L.Chinnaiah v. R.Venkatesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 19.06.2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Cont.P.No.1230 of 2014 1 P.L.CHINNAIAH 2 A.MASILAMANI 3 MALAIYANDI 4 SELVI 5 RAJAMMAL 6 R.NAGARAJAN 7 S.GANDHIMATHI 8 K.KUMARI 9 MEENAKUMAR .. PETITIONERS

Versus

1 R.VENKATESAN MEMBER SECRETARY CMDA NO.8 GANDHI IRVIN ROAD EGMORE CHENNAI 2 SHEELA THE TAHSILDAR EGMORE NUNGAMBAKKAM TALUK, EGMORE, CHENNAI 3 N.R.SEKAR TAHSILDAR AMINJIKARAI TK CHENNAI .. RESPONDENTS Prayer: This Contempt Petition filed under Section 11 of the Contempt of Court Act, 70/71 to punish the respondents for having committed contempt of Court for disobeying the order dated 28.11.2013 and made in W.P.No.8737 of 2011.

For Petitioners : Mr.S.Doraisamy For Respondents : Mr.P.H.Aravind Pandian Additional Advocate General Assisted by Mr.K.Raja Srinivas (for R1)standing counsel for CMDA Mr.V.Subbiah, (for R2 & R3) Special Government Pleader

O R D E R

Heard the submissions of Mr.S.Dorsaisamy, learned counsel appearing for the petitioners, who would submit that it is the fifth round of litigation and very same order has been passed by the respondents, rejecting the petitioners' request for providing alternate site, on the ground that "B" Memos possessed by the petitioners are not genuine.

2. Per contra, Mr.P.H.Aravind Pandian, learned Additional Advocate General, appearing for the 1st respondent would submit that the records available with the respondents have been carefully scrutinzied and then only a decision has been taken to reject the request and the remedy open to the petitioners, is to challenge the order dated 11.03.2014.

3. In the light of the facts and circumstances, this Court is of the view that nothing survives for adjudication in this contempt petition as on today and accordingly, it is

closed. However, the petitioner is at liberty to challenge the proceedings of the CMDA in Letter No.K1-3762-2003 dated 11.03.2014, in accordance with law. No costs. Ars SD/- DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

Ss/co/07/07/2015 One cc to the Government Pleader SR.7817 One cc to Mr.S.Doraisamy,Advocate SR.No.7724. To 1 R.VENKATESAN MEMBER SECRETARY CMDA NO.8 GANDHI IRVIN ROAD EGMORE CHENNAI 2 SHEELA THE TAHSILDAR EGMORE 3 N.R.SEKAR TAHSILDAR AMINJIKARAI TK CHENNAI