DEIVANAYAGAM PRESIDENT HEALTH INDIA FOUNDATION Vs. VIMALA RAMALINGAM PRESIDENT INDIAN RED CROSS SOCIETY CHENNAI

JUDGEMENT

(1.) THE above contempt petition is filed alleging wilful disobedience of the order of this Court dated 22.12.2008 passed in M.P.Nos.1 & 2 of 2008 in O.S.A.No.377 of 2008. THE facts leading to the filing of the present contempt petition are as follows.

(2.) THE petitioner is the President of Health India Foundation which was registered on 14.4.2001. He had served in various capacities earlier, namely, as the Professor of Thoracic Medicine and Chest Physician at the Madras Medical College during the period between 1971 and 1989; the Dean of Sri Ramachandra Medical College & Hospital during the period between 1989 and 1992, the Superintendent of Government Tuberculosis Hospital, Tambaram during the period between 1992 and 2000 and WHO Consultant for HIV/AIDS. On and from 14.4.2002, the petitioner was allowed to run a HIV/AIDS clinic in the heritage building of the premises owned by the respondent-Indian Red Cross Society under a memorandum of understanding entered into between them on 21.8.2002. After a year, the petitioner requested for provision of additional space due to the inflow of patients. THE respondent society had also allotted additional space in Brace Clinic for the use of the petitioner by their letter dated 30.9.2003. It appears that a letter was sent by the respondent society on 2.1.2008 to the petitioner to spare the space occupied by the petitioner as the activities of the respondent society had grown and that they wanted to demolish the old building which was unfit for use. THEreafter, on 7.1.2008, the respondent had requested the petitioner to move to the original place in the heritage building till major repairs to the old building are taken up and finished. THE respondent also made it clear that the cabin occupied by the petitioner at the entrance of the main office building would not be available for use from 9.1.2008. This letter of the respondent had given cause to the petitioner to file a suit in C.S.No.37 of 2008 praying to pass a judgment and decree declaring the letter dated 7.1.2008 issued by the defendant society to the plaintiff as null and void and also to grant permanent injunction restraining the defendants, their men, agents and all persons claiming under them from interfering with the medical activities of the plaintiff at No.50, Montieth Road, Egmore, Chennai 600 008 in the premises of the defendant society, where the plaintiff foundation has been functioning. This Court, by order dated 11.1.2008, granted an ex parte order of injunction in O.A.No.44 of 2008. THEreafter, the respondent society took out Application Nos.443 and 443 of 2008 seeking to vacate the said order of injunction and also to reject the plaint. After considering the rival contentions, this Court, by order dated 2.4.2008, made the injunction absolute and dismissed the applications filed by the respondent society. Challenging the said order, the respondent society preferred O.S.A.No.461 of 2008 before this Court.

(3.) SINCE the renovation work could not be completed within the period stipulated by this Court, the respondent society took out an application on 28.4.2009 in M.P.No.1 of 2009 seeking for extension of time of 30 weeks from 1.4.2009 for compliance of the directions of this Court dated 22.12.2008. This Court, by order dated 30.4.2009, directed the respondent to provide bathroom facility to the patients and extended the time upto 19.6.2009 to comply with the directions. In the meantime, the petitioner filed M.P.Nos.3 & 4 of 2009 to permit him to provide shamiana/covering which would be removed after the petitioner occupies the renovated area originally occupied by him and also to direct the respondent to erect a shamiana/covering to protect adequately the patients in the area of 500 sq.ft. By order dated 14.5.2009, on hearing both sides, this Court issued the following directions:-