CHENNAI: The Madras High Court has issued a bailable warrant requiring the presence of an executive engineer of the Tamil Nadu Housing Board in the court on March 16 in connection with a contempt of court petition. Justice M S Ramesh issued a directive to this effect to the Registry while passing orders on a contempt application from S Chelliah, on March 2.
The application sought to punish Boopathy, who is serving as an executive engineer in the housing board, for his wilful disobedience of the order of the judge dated November 10, 2016, on Chelliah’s writ petition.
When the matter was listed on September 7, 2017, the court had issued statutory notice to Boopathy for his appearance on October 5, 2017. However, on that day, he did not appear and by way of giving further opportunity, time was granted till March 2, when also he did not make his presence.
The judge noted that he (executive engineer) had preferred a writ appeal against his order and the same was also dismissed, recently.Hence, “in my prima facie view, the non-compliance of my order dated November 10, 2016, would amount to wilful disobedience on the part of the second respondent (Boopathy). The failure on the part of the second respondent to appear before this court in spite of the statutory notice for personal appearance and further opportunity to appear reveals the apathetic attitude to the High Court’s order. Hence, the Registry is directed to issue a bailable warrant to the second respondent to secure and produce him before this court on March 16,” the judge said.
The Registry was directed to mark a copy of this order to the Deputy Commissioner of Police, Anna Nagar, for its effective implementation.A property in Anna Nagar Western Extension was allotted to Chelliah on December 19, 1988. Pursuant to the allotment, he paid `14,050 towards one-third cost of the plot as demanded by the board in December same year. Subsequently, the petitioner constructed a temporary structure in the said property and continued to be in possession of the same.
However, a letter from the housing board dated November 28, 1989 informed the petitioner that the allotment had been cancelled. The matter went to the High Court and by the November 2016 order, the judge had directed the petitioner to pay the balance sum within two weeks. On receipt of the same, the board should execute the sale deed in favour of the petitioner within four weeks thereafter, the judge had held.Contending that the board did not comply with this order, Chelliah filed the present contempt application.