Baskar Rao v. Hans Raj Varma Ias
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.08.2015
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM Contempt Petition Nos.924, 1070, 1257, 1258, 1259 & 1260 of Bhaskara Rao, Proprietor, Sandhya Blue metals, Kadaperi, West Tambaram, Kancheepuram District.
... Petitioner in Cont.P.No.924/2015 KPS Blue Metals, rep. by its Proprietor Elamurugan, Kadaperi, West, Tambaram, Kancheepuram District.
... Petitioner in Cont.P.No.1070/2015 Kasthuri Blue Metals, rep. by its Proprietor Ramachandran, Kadaperi, West Tambaram, Kancheepuram District.
... Petitioner in Cont.P.No.1257/2015 M/s.Vee Yes Blue Metal, rep. by its Proprietor K.Subramaniam, Kadaperi, West Tambaram, Kancheepuram District.
... Petitioner in Cont.P.No.1258/2015 PSK Blue Metals, rep. by its Proprietor P.Sadasivam, Kadaperi village, Kancheepuram District.
... Petitioner in Cont.P.No.1259/2015
M/s.Kishore and Company, rep. by its Proprietor Kishore, West Tambaram, Kancheepuram District.
... Petitioner in Cont.P.no.1260/2015 Vs
1. Hans Raj Varma, I.A.S., Principal Secretary to Government, Environment and Forest Department, Fort St. George, Chennai - 9.
2. Dr.V.K.Shanmugam, I.A.S., District Collector, Kancheepuram, Kancheepuram District.
3. T.Ritto Cyriac, I.F.S., District Forest Officer, Chengalpattu Taluk, Kancheepuram District.
... Respondents in all Cont. Petitions Contempt Petitions filed under Sections 11 and 12 of the Contempt of Courts, Act, 1971 punish the respondents for the wilful disobedience of the common order passed by this Court in W.A.Nos.2045, 2038, 2039, 2044, 2043, 2041 of 2012, dated 15.10.2012.
For Petitioner .. Mr.V.Stalin in Cont.P.No.924/2015 For Petitioners .. Mr.T.Dharani in Cont.P.Nos.
1070, 1257 to 1260 of For Respondents .. Mr.M.K.Subramanian Spl. G.P. (Forest) for R1 & 3 Mr.V.R.Kamalanathan Addl. G.P. for R2 * * * * *
COMMON ORDER (Order of the Court was made by The Hon'ble Chief Justice) The Certificate, which was required to be issued by the District Collector within four weeks of the petitioners making the representation, the petitioners having made the representation on 07.01.2013, the same was still not issued for more than two years, compelling the petitioners to file the present Contempt Petitions. The Certificate has been made available only now. There is no satisfactory explanation for such an inordinate delay and it is obvious that the respondents have slept over the matter.
2. The least which expected is that the authority who had issued the Certificate must bear the burden of cost of the litigation of the petitioners, which is quantified at Rs.2,500/- per petition.
3. Now the Forest Department can proceed with the matter in terms of the order of the Division Bench.
4. The Contempt Petitions, accordingly, stand closed. The cost aforesaid to be paid within one month of the receipt of the order.
Bbr 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/14/09/2015 Two Ccs to The Govt.Pleader SR.No.11205,10319 One CC to The Spl.G.P.(Forest) SR.No.11158 Five CCS to Mr.T.Dharani, Advocate, SR.No.11208, 11211, 11212, 11213 and 11210.
One CC to M/s Row and Reddy, Advocate, SR.No.11209. To 1.The Principal Secretary To Govt Environment and Forest Department Fort St.George, Chennai-9.
2.The District Collector, Kancheepuram, kancheepuram District.
3.The District Forest Officer, Chengalpattu Taluk, Kancheepuram.