BALAKRISHNAN Vs. T.K. RAJENDRAN

JUDGEMENT

(1.) THIS petition seeks an order of this court punishing the respondents for contempt of its order passed in Crl.O.P. No.10255/2010 on 27.08.2010.

(2.) IN Crl.O.P.No.10255/2010 the petitioner had sought that a direction be issued to the Director, Vigilance and Anti Corruption, Chennai, towards registration of a case on the basis of the petitioner's complaint dated 10.06.2009.

(3.) ONLY upon registration of a case and investigation thereupon it would be possible to ascertain if or not a offence stood committed. The respondent has filed a counter informing that the challenge of the petitioner herein to the grant of patta to a rival party in W.P.No.12613/01 was negated under orders of this Court dated 25.04.2002. In respect of the orders of this Court in W.P.No.16346/07 dated 06.07.2007 wherein a direction was issued to the authorities viz. CMDA to dispose of the representation/objection of the petitioner before considering the application for planning permission pending before it, it is informed that CMDA had acted after obtaining an opinion of its senior law officer as also an Additional Advocate General of this Court and that the action of CMDA was well within legal ambits. The counter also informs of an enquiry officer having perused the documents and enquiry report. A senior officer of the respondent upon perusal had opined that there was no material to register a case, as requested by the petitioner. In response to what is informed in the counter, the learned counsel appearing for the petitioner would place reliance upon the judgment reported in 2007 (1) Supreme Court Cases 110 [M.C.Mehta (Taj Corridor Scam) v. Union of India and others] and particularly Paragraph 29 of such decision wherein the Apex Court had held as follows-