The New Indian Express 28.11.2010
SC issues contempt notice to Corporation chief
The apex court had dismissed the Special Leave Petition filed by the petitioner on May 14, 2010 and granted him six months time for vacating the premises.
However, he did not vacate and instead, filed an application on November 12, 2010 praying for a direction that the petitioner need not vacate the premises till the final orders are passed in the Review Petition or in the alternative, grant stay of dispossession of the petitioner from the suit premises.
Justice Katju, writing the judgment for the Bench said, “In our opinion, this application is a sheer abuse of the process of the court.” Along with his application, the petitioner had also filed an order of the Commissioner, Corporation of Chennai dated June 18, 2010 purporting to revoke the permission to demolish the property in question. “We are of the opinion that the Commissioner, Corporation of Chennai is hand-in-glove with the petitioner and it is for this reason that he has passed this collusive and contemptuous order merely to get over our order dismissing the Special Leave Petition on May 14,” Justice Katju said.
The Bench issued contempt of court notice to the Commissioner, Corporation of Chennai and to the petitioner to show cause as to why they should not be punished for contempt of court.
The Bench further directed that the petitioner be evicted from the premises by using police force ignoring the order of stay of eviction passed by the High Court.
After the apex court passed order of eviction in May, the petitioner moved the Madras HC and obtained a stay of eviction. “We are surprised that the Madras High Court has flouted the order of this Court dismissing the Special Leave Petition on 14.05.2010. This was not expected of the Madras HC. Judicial discipline requires that the High Courts should not try to override orders passed by this Court. Such defiant attitude of the High Courts will not be tolerated by this Court,” Justice Katju cautioned.
He directed the copy of the order be sent to the Registrar General of the Madras High Court who will place it before the Chief Justice of the High Court. The Registrar General will send a report to the apex court mentioning how and why a stay order was granted by the High Court despite the apex court’s orders to the contrary, Katju added.
