Social Service Trust v. M.Sai Kumar, Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2019 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice R.MAHADEVAN Cont. Petition No.1128 of 2017 M/s Social Service Trust rep by its Chairman P. Rangasamy No.2A, Ramasamy Street, Sivaprakasam Nagar, Puzhuthivakkam, Chennai - 600 091 ..

Petitioner vs.

1.Mr.M. Sai Kumar, I.A.S., The Chairman, Tamil Nadu Generation and Distribution Corporation Ltd., Anna Salai, Chennai - 600 002

2. Mr.D.Karthikeyan, I.A.S., The Commissioner, Corporation of Madras, Rippon Buildings, Chennai - 600003 .. Respondents Petition filed under Section 11 of Contempt of Courts Act to punish the respondent herein for contempt of wilfully disobeying the order dated 16.08.2016 passed by this Court in W.P.No.10616 of 2013.

For Petitioner ..

Mr.J. Franklin For 1st Respondent ..

Mr.S.K.Rameshwar For 2nd Respondent ..

Mr.K. Soundararajan

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) Alleging that the order dated 16.08.2016made in W.P.No.10616 of 2013 has not been complied with, the present contempt petition has been filed.

2.The learned counsel for the second respondent submits that the lands identified by the first respondent is an Open Space Reserve land and therefore, they cannot be acquired for any other purpose other than which, the same has been allotted.

3. The learned counsel for the petitioner submits that now new lands have been identified.

4.

The learned counsel for the respondents submits that they are revenue lands.

5.

Merely because the lands belong to Revenue Department, it cannot be said that they cannot be used. Once the lands are identified, then, the respondents will have to negotiate with the revenue authorities so that the lands could be used for the purpose of installation of Sub Station.

6.

In such view of the matter, the learned counsel for the petitioner produced before us the Communication of the District Collector, Kancheepuram to the Principal Secretary, Commissioner of Land Administration, Chepauk, Chennai, wherein, appropriate orders have been sought for from the Commissioner of Land Administration. 7.

In view of the above, we hereby call upon the Principal Secretary, Commissioner of Land Administration, Chepuak, Chennai-5 to take appropriate action against the proceedings sent by the District Collector, Kancheepuram in Na.Ka.No.21713/2013/No.2 dated 12.02.2014 within a period of eight weeks from the date of receipt of copy of this order, if not taken already.

8.

With the above direction, the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) sr //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/14/02/2019 To

(1) The District Collector, Kancheepuram

(2) The Principal Secretary, Commissioner of Land Administration, Chepuak, Chennai-5