Mr.Motcham Newin Fernando v. Dr.R.Palaniswamy Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN Cont.P.No.1997/2015 in WP.No.15832/2015 & Sub.Appln.No.759/2015 Mr.Motcham Newin Fernando .. Petitioner Vs.

Dr.R.Palaniswamy, IAS, The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.

.. Respondent Contempt Petition filed under section 11 of the Contempt of Courts Act, 1971, to punish the respondent for having deliberately, willfully and intentionally flouted the order of this Hon'ble Court passed in W.P.No.15832 of 2015 dated 05.06.2015.

For Petitioner :

Mr.Motcham Newin Fernando Party-in-person (absent) For Respondent :

Mr.V.Anandamoorthy, Standing Counsel for TNHB

ORDER

On 01.06.2017, the learned counsel appearing for petitioner submitted that he has filed a memo to withdraw the appearance and the same was also taken on file and recorded and hence, the Registry was directed to find out as to whether any other counsel has entered appearance on behalf of petitioner and if so, to print the name of the learned counsel or to print the name of the petitioner and directed the matter to be listed on 06.06.2017. When the matter came up hearing today [12.06.2017], the name of the petitioner has been called thrice and despite that, there

is no representation on his behalf.

The learned counsel appearing for the respondent has drawn the attention of this Court to the typed set of documents and would submit that representations submitted by the petitioner has been considered and vide communication dated 27.08.2015 in letter No.Othu.I.5/8218/2015-1, the petitioner was informed that the auction proceedings have been conducted properly and the remedy is open to the petitioner, if any, to challenge the same in accordance with law.

In the light of the above said proceedings, the contempt petition is closed. Consequently, the connected sub- application is also closed.

If the petitioner is aggrieved by the said proceedings and if it is open to him under law, he may challenge the same in accordance with law before the Competent Forum.

SD/- JOINT REGISTRAR(OS)(i/c) RKA //Certified to be true copy// Dated at Madras this the day of 2017. 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/11/07/2017

To The Managing Director, Tamil Nadu Housing Board, Nandanam, Chennai 600 035.

one cc to Mr.V.Anandamurthy, sr.No.6494/17