Document Fragment View

Matching Fragments

Contempt Petition No.568 of 2007 has been filed against one Mr.Vasudevan, the Managing Director of M/s.Ozone Projects Private Limited, to punish him for having allegedly committed an act of contempt by violating the order of interim injunction dated 02.05.2007 granted by this court in M.P.No.1 and 2 of 2007 in W.P.No.16346/2007.

2. Contempt Petition No.214 of 2008 has been filed against the above said Vasudevan, Managing Director of M/s.Ozone Projects Private Limited and five other directors of the above said company to punish them for the alleged act of contempt by violating the undertaking given to this court by M/s.Ozone Projects Private Limited and recorded by this court in its order dated 28.06.2007 in Writ Petition No.16346 of 2007. In both the contempt petitions and the connected writ petition M/s.Ozone Projects Private Limited has been inappropriately described as M/s.Ozone Constructions Pvt. Ltd., according to the respondents.

13. Unlike other cases, stating briefly the background in which these contempt petitions happened to be filed will be of immense help in understanding the problem. The relevant facts are as follows:-

a) A total extent of 34.04 acres comprised in Survey No.230/7A and 229/1A in Koyambedu Thirumangalam Village, forming a single block was claimed to be the property belonging to M/s.Shri Krishna Tiles and Potteries (Madras) Private Ltd. from whom M/s.Ozone Projects Private Limited purchased the same. Out of the above said 34.04 acres, Adhikesavan and others, the alleged principals of the petitioner herein claim title to 1.76 acres in Survey No.229/1A (part) and 3.00 acres in Survey No.230/7A (Part). Under the Inam Estate Abolition Act, 1948, patta was granted in favour of the vendors of the above said M/s.Shri Krishna Tiles and Potteries (Madras) Private Ltd. for a larger area having a total extent of 329.58 acres. Out of the said extent, nearly 158 acres was acquired by the Government and the balance was purchased by the above said M/s.Shri Krishna Tiles and Potteries (Madras) Private Ltd. Retaining an extent of 34.04 acres in Survey Nos.227/3, 229/2, 230/1 to 6, 230/7A and 230/8, M/s.Shri Krishna Tiles and Potteries (Madras) Pvt. Ltd. sold the balance to Government department in 1970  1972. The said Krishna Tiles and Potteries (Madras) Private Ltd. sold the above said 34.04 acres to M/s.Ozone Projects Private Limited. Thereafter the petitioner herein, claiming that 1.76 acres comprised in Survey No.229/1A (part) and 3.00 acres comprised in Survey No.230/7A (part) which formed part of the above said 34.04 acres belonged to Adhikesavan vagayara, the so called principals of the petitioner herein, wanted mutation in the revenue records to be made showing them to be the owners. He also wanted to prevent any kind of conveyance deed being registered in respect of the said property of 1.76 acres comprised in Survey No.229/1A (part) and 3.00 acres comprised in Survey No.230/7A (part). Adhikesavan vagayara in their personal capacity and the petitioner herein claiming to be the agent of the so-called principals, filed several suits and writ petitions along with interlocutory applications/writ miscellaneous petitions seeking interim order of injunction restraining the vendor of M/s.Ozone Projects Private Limited i.e. M/s.Shri Krishna Tiles and Potteries Private Ltd. from in any manner interfering with or causing disturbance to the peaceful possession and enjoyment of the said property by the so-called principals of the petitioner herein. In all such cases, interim order could be obtained and hence the main cases were either left to be dismissed for non-prosecution or withdrawn with a liberty to file a fresh suit. Meanwhile, the vendor of M/s.Ozone Projects Private Limited also filed two suits on the original side of this court against the so-called principals of the petitioner, petitioner herein and several other persons (totally 36 in number) for the entire extent of land purchased by M/s.Ozone Projects Private Limited from M/s.Shri Krishna Tiles and Potteries (Madras) Private Ltd. and orders of ad-interim injunction were obtained not to disturb its peaceful possession and enjoyment of the property.

19. A bare reading of the said paragraph will make it clear that nowhere the respondents have admitted that the temporary structure, namely the tin dome was put up after passing of the order of interim injunction on 02.05.2007. On the other hand, it has been made abundantly clear that the work order for the construction of the dome was given to one M/s.Hassan Brothers on 10.10.2006; that the construction of the same was completed in all respects on 28.03.2007 as could be seen from the report of the architect and that the roof covering using Kalsip commenced on 24.01.2007 by M/s.Polybond Organics Pvt. Ltd. and was completed on 28.04.2007 making the same fit for occupation in all respects for the purpose of locating project office and exhibiting model flats. The respondents have also produced a separate typed set of papers to show that the construction of the dome with model flats was over in April 2007 itself. Document No.1 in the typed set of papers is the copy of the offer letter given by M/s.Polybond Organics Pvt. Ltd. to M/s.Ozone Projects Private Limited on 19.08.2006. Accepting the offer letter, work order was given by M/s.Ozone Projects Private Limited to M/s.Polybond Organics on 13.09.2006. Payment of advance towards work order is evidenced by Inter Office Memo dated 25.09.2006. By a letter dated 12.01.2007, Polybond Organics Pvt. Ltd. had made a request for provision of further funds. Payment certificate evidencing the payment made to M/s.Polybond Organics Pvt. Ltd. was issued on 17.01.2007. M/s.Polybond Organics Pvt. Ltd. has sent the final bill on 26.04.2007 to M/s.Ozone Projects Private Ltd. Construction of the roofing for the dome was entrusted to Polybond Organics Pvt. Ltd. as evidenced from the work order dated 13.09.2006. The fabrication and erection of shell structural show flats inside the dome was entrusted to M/s.Hassan Brothers as evidenced by the work order dated 10.10.2006, the offer letter of M/s.Hassan Brothers to M/s.Ozone Projects Private Limited dated 11.10.2006, the bill of Synergy Property Development Services P Ltd. sent to the M/s.Ozone Projects Private Limited dated 02.12.2006, payment certificate dated 04.12.2006, amended work order to Hassan Brothers dated 22.02.2007, pre-final bill raised by Synergy Property Development Services P Ltd. dated 09.04.2007 and payment certificate dated 23.04.2007.

35. At this juncture, the conduct of the petitioner also becomes relevant. The petitioner unsuccessfully initiated a number of judicial proceedings before the City Civil Court and the High Court. Even after having suffered an order of injunction in the suit filed by the vendor of the M/s.Ozone Projects Private Limited, the petitioner has chosen to file the present writ petition, namely writ petition No.16346 of 2007. Even the said writ petition was disposed of after recording the undertaking of the M/s.Ozone Projects Private Limited that it won't commence construction work without obtaining planning permission and directing the CMDA to consider the objection and representation of the petitioner herein before according planning permission to M/s.Ozone Projects Private Limited. Now he has come forward with these present contempt petitions in his further attempt to stall the development proposed to be made by the M/s.Ozone Projects Private Limited. After the writ petition No.16346 of 2007 was disposed of by order dated 28.06.2007, at the instigation of the petitioner, one Gopal seems to have filed a public interest litigation seeking a Writ of Mandamus against the Government of Tamil Nadu represented by its Secretary to Department of Town and Country Planning and CMDA represented by its Member Secretary, directing them to take appropriate action against M/s.Ozone Projects Private Limited, HDFC Funds Limited, Reliance Land Private Limited and Reliance Urban Infrastructure Private Limited for allegedly constructing unauthorised structures in T.S.Nos.1/2, 2/2 and T.S.No.3/2 in Koyambedu village without necessary planning approval. The said writ petition was dismissed by a division bench consisting of the Hon'ble Chief Justice imposing a cost of Rs.5,000/- to the petitioner therein.