1 IN THE HIGH COURT OF JUDICATURE AT MADRAS (CONTEMPT JURISDICTION) TUESDAY, THE 23rd DAY OF SEPTEMBER, 2008 THE HON'BLE MR.JUSTICE P.R.SHIVAKUMAR CONTEMPT PETITION No.814 OF 2008 ************ M/s.Eses Combines Engineering Private Limited, Rep by its Managing Director, B.V.Thelagar, No.1, Annammal Street, Ekambaram Naicker Industrial Estate, Alapakkam, Chennai- 600 116. ... Petitioner Vs 1.Rajendran Chairman and Managing Director Tamil Nadu Small Industries Development Corporation Ltd., Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-600 032. 2.Monohar, Branch Manager, SIDCO Branch Officer, Industrial Estate, Thirumudivakkam, Chennai-600 044. ... Respondents Contempt Petition praying that this Court be pleased to punish the respondents herein for committing the Contempt of the order of this Hon'ble Court dated 10.06.2008 and made in M.P.No.2 of 2008 in W.P.No.9257 of 2008. The above Contempt Petition coming on this day before this Court for hearing in the presence of Mr.R.Ramesh, Advocate for the petitioner herein; and of Mr.M.M.Sundaresan, Advocate for the respondents herein; https://hcservices.ecourts.gov.in/hcservices/ 2 and upon reading the petition and affidavit of B.V.Thelagar, filed herein; and the counter affidavit of Rajendran, filed herein; the Court made the following order:- 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 https://hcservices.ecourts.gov.in/hcservices/ 3 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 relying 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. https://hcservices.ecourts.gov.in/hcservices/ 4 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 https://hcservices.ecourts.gov.in/hcservices/ 5 of interim stay passed by this Court in M.P.No.2 of 2008 in W.P.No.9257 of 2008, the same will not amount to wilful 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. Witness the Hon'ble Thiru ASOK KUMAR GANGULY, the Chief Justice of High Court at Madras, as aforesaid, this the 23rd day of September, 2008. Sd/- DEPUTY REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2008. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format. https://hcservices.ecourts.gov.in/hcservices/ 6 SMV CONTEMPT PETITION No.814/2008 THE HON'BLE MR.JUSTICE P.R.SHIVAKUMAR ORDER DATED : 23/09/2008 FOR APPROVAL :05/11/2008 APPROVED ON :06/11/2008 COPY TO: 1.Rajendran Chairman and Managing Director Tamil Nadu Small Industries Development Corporation Ltd., Thiru Vi.Ka. Industrial Estate, Guindy, Chennai-600 032. 2.Monohar, Branch Manager, SIDCO Branch Officer, Industrial Estate, Thirumudivakkam, Chennai-600 044. https://hcservices.ecourts.gov.in/hcservices/