K.Ganesan v. Ku.Thangamuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 10.07.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM Contempt Petition No.1451/2015 K.Ganesan ..

Petitioner

Versus

1.Mr.Ku.Thangamuthu The Chairman Tamilnadu Slum Clearance Board Kamarajar Road, Chennai 600005.

2.R.Palanisamy The Manaing Director Tamilnadu Slum Clearance Board Kamarajar Road, Chennai 600005.

3.Arokiadoss The Estate Officer Estate Officer-8, Tamil Nadu Slum Clearance Board, Sivalingapuram K.K.Nagar, Chennai 600 078.

..

Respondents Contempt petition filed under section 11 of the Contempt of Courts Act to punish the respondents herein for their wilful and waonton disobedience of order made in WP.No.6388/2015 dated 31.03.2015.

For Petitioner :

Mr.M.Elango For Respondents :

Mr.B.Kesavan

ORDER

The above contempt petition has been filed by the petitioner for willful disobedience of the order and

direction passed by this Court in WP.No.6388/2015 dated 31.03.2015 by the respondents herein.

2.By the said order, there was a direction to the respondents to obtain appropriate orders from the Government and allot the petitioner a tenement under the economically weaker section category either at Semmancherry or at Kannagi Nagar or at Perumbakkam scheme. 3.The petitioner would state that the respondents have violated the order.

4.The learned counsel for the respondents would submit that the respondents are ready and willing to allot a tenement to the petitioner at Kannagi Nagar ; but the petitioner is insisting upon Perumbakkam.

5.Learned counsel for the petitioner would rely upon certain documents which were anterior to the orders passed by this Court and submitted that there is an undertaking given by the respondents themselves. In my view, only after taking into consideration all those orders / undertakings, this Court passed an order on 31.03.2015 and wherein an option was given to the respondents to allot a tenement in any one of the schemes. Therefore, there is no willful disobedience upon the order as alleged by the

petitioner.

6.Accordingly, the contempt petition is dismissed. However, it is open to the petitioner to receive the allotment order which is being offered by the respondents. AP 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/22/09/2015 One CC to Mr.B.Kesavan, Advocate Sr.No.8798 One CC to Mr.M.Elango, Advocate Sr.No.8847.

To

1. Mr.Ku.Thangamuthu The Chairman Tamilnadu Slum Clearance Board Kamarajar Road, Chennai 600005.

2. R.Palanisamy The Manaing Director Tamilnadu Slum Clearance Board Kamarajar Road, Chennai 600005.

3. Arokiadoss The Estate Officer Estate Officer-8, Tamil Nadu Slum Clearance Board, Sivalingapuram K.K.Nagar, Chennai 600 078