J.Uga v. Thangamuthu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2015

CORAM

THE HON'BLE DR. JUSTICE S.TAMILVANAN Cont. Petition No.3311 of 2014 J.Uga ... Petitioner vs Mr.Thangamuthu Chairman Tamilnadu Slum Clearance Board, Kamarajar Salai, Chepauk, Chennai - 600 005.

... Respondent Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for having disobeyed and failed to implement the order, dated 19.03.2013 passed in W.P.No.47069 of 2006.

For Petitioner ... Mr.S.Sadasharam

O R D E R

Heard the learned counsel appearing for the petitioner.

2. Learned counsel appearing for the petitioner drew the attention of this Court to the order, dated 19.03.2013 passed by this Court in W.P.No.47069 of 2006 and M.P.No.1 of 2006, whereby this Court directed the Tamilnadu Slum Clearance Board, represented by its Chairman, Chennai-5,

the first respondent therein, to consider the request of the petitioner sympathetically and pass appropriate orders, within a period of Eight weeks from the date of receipt of a copy of this order. Though the petitioner has claimed 2400 sq.ft, any available sight may be allotted, either cum least basis or lease-cum-sale basis, as per procedure known to law.

3. Learned counsel appearing for the petitioner submits that as per order, dated 18.06.2013, the respondent passed an order in br/K/f/vz;/,8-22041-2006, whereby the allotment claim of the petitioner was not properly considered.

4. As directed by this Court, within the time frame, the aforesaid order was passed by the first respondent, which is not dispute. There is no other specific direction given by this Court. In the aforesaid circumstances, it is open to the petitioner to challenge the order, dated 18.06.2013 passed by the respondent herein. However, the Court is of the view that the contempt petition would not be maintainable, since there is no violation of any direction or order passed by this Court and accordingly, the contempt petition is liable to be dismissed.

5. In the result, this Contempt Petition is dismissed, as legally not sustainable. However, it is open to the petitioner to challenge the aforesaid order, dated 18.06.2013 passed by the respondent, according to law. No costs.

tsvn 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/14/08/2015 One CC to Mr.Sadasharam, Advocate SR.7011