S.Sivakumar v. Saidai Duraisamy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.10.2015 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH Contempt Petition No.1165 of 2015 S.Sivakumar .. Petitioner -vs1.Saidai Duraisamy The Mayor of Chennai Corporation, Ripon Buildings, Poonamallee High Road, Park Town, Chennai.

2.Vikram Kapoor The Commissioner of Chennai Corporation, Ripon Buildings, Poonamallee High Road, Park Town, Chennai.

3.A.Annadurai The Assistant Commissioner of Chennai Corporation, Zone-13 (L.B.Road), 115, Dr.Muthulakshmi Street, Adyar, Chennai.

(Name amended as per order dated 14.10.2015 in Sub.A.No.837/2015 by CJ & MMSJ) 4.K.Sampath Kumar The Executive Engineer of Chennai Corporation, Zone-13 (L.B.Road) 115, Dr.Muthulakshmi Street, Adayar, Chennai.

.. Respondents Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for the willful violation and disobedience of the order dated 30.03.2015 made in W.P.No.2856 of 2015 on the file of this Court.

For Petitioner :

Mr.T.N.Rajagopalan, S.C.

For Mr.M.Balachandar For Respondents :

Mr.P.H.Aravindh Pandian, Addl. Advocate General assisted by Mr.K.Soundararajan * * * * *

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The Corporation appears to have done a somersault and has decided to reject the resolution passed by the Ward Committee.

2.Learned counsel for the petitioner states that in the original writ petition filed, various grounds were raised, but on account of concession made by the Corporation, they did not press those issues. 3.In our view, the appropriate course of action would be now for the petitioner to file a fresh petition, if so advised, which may include any of the pleas raised in the earlier writ petition or any additional plea and assail the final decision taken by the Corporation.

4.On equitable considerations, the situation which was prevailing during the period of time when the implementation of the resolution of the Ward committee was being considered, would continue to prevail for a period of

three (3) weeks from today.

5.Contempt Petition, accordingly, stands disposed of. Sra 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/28/10/2015 One CC to Mr.K.Soundararajan, Advocate Sr.No.13319. To

1. The Mayor of Chennai Corporation, Ripon Buildings, Poonamallee High Road, Park Town, Chennai.

2. The Commissioner of Chennai Corporation, Ripon Buildings, Poonamallee High Road, Park Town, Chennai.

3. The Assistant Commissioner of Chennai Corporation, Zone-13 (L.B.Road), 115, Dr.Muthulakshmi Street, Adyar, Chennai.

4. The Executive Engineer of Chennai Corporation, Zone-13 (L.B.Road) 115, Dr.Muthulakshmi Street, Adayar, Chennai.