Chennai Metropolitan v. Karthi Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2017

CORAM

THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN CONTEMPT PETITION No.529 of 2017 Chennai Metropolitan Development Authority Koyambedu Market Spinach / Green Leaves wholesale Traders Upliftment Association, Rep. by its Secretary V.Govindaraju having office at No.1-10, Periyar Kaikari Angadi, Koyambedu, Chennai - 600 092.

... Petitioner Vs.

1. Mr.Karthi, I.A.S., Member - Secretary, Chennai Metropolitan Development Authority, Chennai - Irwin Salai, C.M.D.A., Egmore,Chennai - 600 008.

2. Mr.Kiran Gurrala, I.A.S., The Chief Executive Officer, Chennai Metropolitan Development Authority, No.1, Gandhi Irwin Salai, Egmore, Chennai - 600 008.

... Respondents Prayer:

Petition under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for having committed contempt of Court by willfully disobeying the order passed by this Court dated 01.10.2015 in W.P.No.31028 of 2015. For Petitioner : :

Mr.M.R.Jothimanian For Respondents : :

Mr.E.Mani Shankar Additional Advocate General IV Assisted by C.Johnson

O R D E R

The petitioner has come before this Court alleging violation of this Court's order dated 01.10.2015, stating that

the petitioner's representations dated 12.12.2013 and 17.12.2013 have not been considered.

Further, it is stated by Mr.M.R.Jothimanian, learned counsel appearing for the petitioner that the First Bench, by order dated 18.08.2016 in W.M.P.No.24844 of 2016 in W.P.No.7079 of 2016, directed the respondents to consider the petitioner's representation independently of that area by considering the order passed by this Court in Writ Petition No.31025 of 2015 on 01.10.2015. 2.

Mr.C.Manishankar, learned Additional Advocate General (IV), assisted by Mr.C.Johnson, learned counsel for respondents would submit that the area has not been allotted so far. The First Bench by order dated 07.02.2017, recorded that the respondents could proceed with the allotment of shops, based on the terms and conditions of the Memorandum, subject to final outcome of the Writ Petition No.7079 of 2016. However, he would submit that so far, no allotment has been made. As far as Gate No.5 area is concerned the respondents are awaiting the final verdict in the writ petition.

3.

If any allotment is to be made in that area, it goes without saying that the respondents shall follow the rules and regulations for allotment of shops by making publication in the news paper and following other procedures.

4.

With the above observations, the Contempt Petition is closed.

5.

Both the first and second respondents are present before this Court and their appearance is dispensed with. SD/- JOINT REGISTRAR(OS)I/C msm/mst //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. GSR/CO/09/05/2017 one cc to M/s.M.R.Jothimanian, sr.5314/17 one cc to Mr.C.Johnson, sr.5350/17