At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE P.R. SHIVAKUMAR
For the Petitioner : R. Ramesh, Advocate. For the Respondents: M.M. Sundaresan, Advocate.
(Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents herein for committing the contempt of the order of this Court in M.P.No.2 of 2008 in W.P.No.9257 of 2008 dated 10.06.2008.)
The respondents have filed counter affidavits. They are taken on file. The arguments advanced by Mr.R.Ramesh, learned counsel for the petitioner and Mr.M.M.Sundaresan, learned counsel for the respondents have been heard.
2. Challenging the show cause notice issued by the first respondent in his proceedings R.C.No.7541/72/2006 dated 27.3.2008 by which the allotment of the Industrial site in favour of the petitioner was sought to be cancelled, the petitioner filed a writ petition in W.P.No.9257 of 2008. Pending disposal of the writ petition, an interim stay of the operation of the order was sought for in M.P.No.2 of 2008 filed in the above said writ petition.
3. This Court, by order dated 10.06.2008, granted interim stay of operation of the above said proceedings of the first respondent. Meanwhile, the first respondent herein passed an order on 28.07.2008 transferring the Industrial Site bearing D.P.No.44 measuring 0.467 acres at Industrial Estate, Thirumudivakkam in favour of M/s.P.C.W. Castings Private Limited, Mugalivakkam, Chennai ? 600 116. Contending that the said order has been passed in violation of the order of stay passed in M.P.No.2 of 2008 in W.P.No.9257 of 2008, the petitioner herein has brought forth this contempt petition praying that the respondents should be punished for the alleged act of contempt.
4. The respondents have come forward with an explanation in their counter affidavits to the effect that though an order had been passed granting interim stay in favour of the petitioner staying further proceedings based on the show cause notice issued by the first respondent proposing cancellation of allotment, the present order of the first respondent dated 28.07.2008 would not amount to an act of contempt because, according to the respondents, what they have done is not cancellation of the allotment pursuant to the impugned show cause notice proposing cancellation, but transferring the allotment in favour of P.C.W. Castings Private Limited with whom the petitioner had entered to an agreement for such transfer. It is the further contention of the respondents that the above said order transferring the allotment in favour of P.C.W. Castings Private Limited was passed not only based on the representation made by the said company relyong on the agreement between the petitioner and the said company but also in compliance with the direction issued by this Court in a writ petition filed by the above said company namely W.P.No.357 of 2008.
5. The learned counsel for the respondents also drew the attention of the Court to the fact that initially the application of the P.C.W. Castings Private Limited for transfer was rejected by the respondents which was challenged by the said company in the above said writ petition in W.P.No.357 of 2008. Admittedly, the petitioner herein was also a party in the said writ petition and the said writ petition was allowed directing the first respondent herein to effect transfer of allotment in favour of the said company. The said order of this Court was passed on 07.07.2008. Under such circumstances, this Court has to accept the contention of the learned counsel for the respondents that what the first respondent has done is not cancellation of the allotment made in favour of the petitioner pursuant to the show cause notice proposing cancellation which has been impugned in the writ petition No.9257 of 2008 filed by the petitioner herein, but passing an order transferring the allotment in favour of the above said company, that too, pursuant to and in compliance with the direction issued by this Court in a writ petition filed by the said company in which the petitioner herein was also a party.
6. Therefore, this Court is not in a position to accept the contention of the petitioner that the said order will amount to contempt. Even assuming that the said order of the first respondent dated 27.03.2008 will offend the order of interim stay passed by this Court in M.P.No.2 of 2008 in W.P
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.No.9257 of 2008, the same will not amount to willful disobedience because the respondents have passed the said order impugned in this contempt petition only in compliance with the final order passed in the writ petition filed by M/s.P.C.W. Castings Private Limited in which the petitioner herein was also a party. Under such circumstances, this Court comes to the conclusion that the petitioner has not made out a case for contempt and hence, the Contempt Petition is dismissed.