Judgment : 1. Heard Mr. K.M.Vijayan, learned Senior Counsel for the petitioners, Mr.V.Bharathidasan, learned counsel for the Corporation of Chennai, Mr.S.Venkatesh, learned Government Pleader for the Commissioner of Police and Mr.P.T.Perumal, learned counsel for the third respondent/writ petitioner. 2. These Applications have been filed by 11 petitioners, claiming to be the Traders in Fire Crackers, based on temporary licences issued by the official respondents. The third respondent in these Applications filed a Writ Petition being W.P.No.17040 of 2009, wherein prayer was made to direct the official respondents to shift the fire works sales in Bunder Street, Bandrian Street, Anderson Street, Malayaperumal Street, Umpherson Street and NSC Bose Road to Island grounds. The Writ Petition was disposed of by the First Bench by an order dated 24.8.2009. The operative portion of which reads as follows: 7. Be that as it may, in our view, the Commissioner of Chennai Corporation as well as the Commissioner of Police should consider the proposal to shift these temporary shops to Island Grounds or to some other appropriate ground in the city. They should frame a Scheme in this behalf and explore the possibility of settling the issue, if not during the coming festival season, at least before the subsequent festival season. The writ petition stands disposed of. No costs. 3. The third respondent writ petitioner filed another Writ Petition being W.P.No.7140 of 2010, for an identical relief. A Division Bench of this Court by an order dated 9.6.2010, dismissed the said Writ Petition with cost, since already directions have been issued in an earlier Writ Petition and another Writ Petition cannot be entertained for a similar relief. Thereupon the third respondent filed Contempt Petiton No.1319 of 2011, alleging that the respondents 1 & 2 herein have willfully disobeyed the order and direction of this Court in W.P.No.17040 of 2009 dated 24.8.2009. 4. While the Contempt Petition was pending, the Chennai Fire Works Dealers Welfare Association filed a Writ Petition being W.P.No.23471 of 2010, for a direction to the Director, Fire Services, Tamil Nadu, to issue no objection certificate to the members of their association and consequently, direct the Commissioner of Police, Chennai City, to grant temporary licence until valid scheme is formulated for shifting all temporary shops as per order in W.P.No.38180 of 2005 dated 29.9.2006 and 20.10.2009. A learned single Judge of this Court disposed of the said Writ Petition by order dated 19.10.2010, directing to issue no objection certificate. After the disposal of the writ petition, Contempt Petition viz. Cont. P.No. 1319 of 2010, was disposed of by this Bench by order dated 01.01.2011, by issuing the following directions: 5. In these facts and circumstances, we dispose of this petition with a direction to the respondents to see to it that during festival seasons, license is not issued for the sale of fire crackers in narrow streets and bylanes of crowded localities. Rather, all avenues should be explored and steps taken for granting such license for sale of fire crackers in open spaces. It is also made clear that henceforth, even temporary licenses for sale of fire crackers shall be granted only after strictly complying with the requirements of law. 5.The Chennai Metropolitan City Crackers dealers Union and the Chennai Fire Works Dealers Welfare Association, filed two Writ Petitions before this Court being W.P.No.23402 & 23085 of 2011, wherein prayer was made to consider their representation for grant of temporary fire works licence. A learned single Judge of this Court disposed of the Writ Petition by an order dated 11.10.2011 and while doing so took note of the directions issued by this Court in Contempt Petition No.1319 of 2010 dated 04.01.2011. The learned single Judge granted liberty to the Members of the writ petitioner Associations to apply to the Commissioner of Police for allotment of individual sites inside the island ground and thereafter the authorities were directed to inspect the same and issue temporary licence. Not satisfied with the directions, the Chennai Fire Works Dealers Welfare Association filed an Appeal being W.A.No.1977 of 2011. The said Writ Appeal was heard along with another Writ Petition filed by the third respondent herein being W.P.No.22991 of 2011. This Bench by an order dated 18.10.2011, disposed of the Appeal by issuing the following directions: 4. In the light of the order passed in the writ petition being W.P.No.23042 and 23085 of 2011, dated 11.10.2011, we dispose of the writ appeal with a slight modification to the order made in the writ petitions by issuing the following directions: i. The Members of the Appellant Association shall submit their applications before 11.00 A.M. on 19.10.2011 for allotment of temporary site in the Island Grounds. ii. ii. The concerned Authority, on receipt of the applications, shall allot the site before 6.00 P.M. on 19.10.2011 to the respective applicants. iii. On such allotment being made by the competent Authority in favour of the members of the appellant Association, such allottees shall put up the temporary sheds. iv. After erecting the temporary sheds, the allottees shall intimate the same to the competent authority, who shall cause an inspection of such shed and issue No Objection Certificate/temporary licence to each of such allottees. v. The competent authority shall issue such NOC/temporary licence within 24 hours from the time when the allottees inform the competent authority after putting up the temporary sheds. 5. It is needless to state that the members of the appellant Association shall strictly comply with the terms and conditions of the temporary licence, which may be issued in their favour by the competent authority. 6. With the above directions, the writ appeal stands disposed of. In the light of the order passed above, no further orders are required in the writ petition, which stands dismissed. Consequently, the connected miscellaneous petition is closed. No costs. 6. The Writ Petitioner Association filed a Review Application being R.A.No.189 of 2011 to review the order in Writ Appeal No.1977 f 2011. The Review Application was disposed of by this Bench with a slight modification to the order passed in the Writ Appeal and the operative portion of the order dated 21.10.2011 reads as follows: 8. We, therefore, modify our order to the extent that the Electricity Department shall provide electricity connection to all the temporary sheds, if the appellants' association deposits a sum of Rs.25,000/- as advance. The electricity charges shall finally be collected at the rate of Rs.8/- per unit. The Tourism Development Corporation shall realise rental charges at the rate of 50 paise per sq.ft, as mentioned in the letter dt.20.09.2011. 9. Learned Advocate General submitted that 102 numbers of temporary cracker shops measuring 3 m x 3 m in size have already been marked on 14th October, 2011, leaving sufficient space between each shops. The remaining 18 numbers of temporary cracker shops shall also be measured and earmarked today itself. 9. Learned Advocate General submitted that 102 numbers of temporary cracker shops measuring 3 m x 3 m in size have already been marked on 14th October, 2011, leaving sufficient space between each shops. The remaining 18 numbers of temporary cracker shops shall also be measured and earmarked today itself. It is made clear that no unnecessary objections shall be raised by the respondents, and they shall fully cooperate with the members of the appellants' association in building the temporary sheds and also selling crackers in the Island Grounds. We hope and trust that the Electricity Department shall take this order seriously and comply with the directions contained in the order, in order to avoid serious consequences. It also goes without saying that the members of the appellants' association shall also co-operate with the departments concerned. 10. With this modification, the review petition and the writ appeal are disposed of. No costs. Consequently, miscellaneous petitions are closed. 7. Thus, it appears that after the disposal of the Review Petition, by passing the above mentioned order, the shops were located on the island ground and all the dealers in Fire Crackers conducted their business which includes the present petitioners and this was during November, 2011. 8. Surprisingly, the Trades having been very much aware of the order passed in Contempt Petition No.1319 of 2010 dated 04.01.2011, filed a Special Leave petition before the Supreme Court against the said order being Special Leave to Appeal (Civil) No.18205 of 2012 after more than 1½ years. The Supreme Court while declining to interfere in the matter disposed of the Special Leave Petition by passing the following order dated 15.10.2012 Having regard to the nature of the controversy and the order passed by the High Court, we are not inclined to interfere in the matter. However, in order to address the grievances of the petitioners that the order of the High Court was passed without giving an opportunity of hearing to them, we leave it open to the petitioners to move the High Court for clarification/amendment of its order. In case the petitioners move the High Court in an appropriate petition, it is hoped that the High Court shall examine the matter and pass appropriate orders, in accordance with law, without delay having regard to the closeness of the festival of Deepawali. In case the petitioners move the High Court in an appropriate petition, it is hoped that the High Court shall examine the matter and pass appropriate orders, in accordance with law, without delay having regard to the closeness of the festival of Deepawali. The application for permission of file the special leave petition is disposed of with aforesaid observations. 9. The learned Senior Counsel appearing for the petitioner submitted that the order passed in the Contempt Petition is a general order and the petitioners were not heard as they were not parties to the Contempt Petition and therefore the order has to be recalled and modified. It is further submitted that if a scheme is formulated and the petitioners are allocated temporary space, they are ready and willing to set up shops in such place and without framing of a scheme, the petitioners should not be denied temporary licence for their existing shops. 10. The Joint Commissioner of Police (North Zone), Chennai Police, has filed a counter affidavit, stating that special arrangements have been made and special training has been provided to the Police force to face any accident in the Chennai City. It is further stated that individual business persons are not allowed to carry the cracker business in Flower Bazar area and they have been allowed retail selling Units at Island grounds, opposite to War Memorial and Manro statute where additional security has been provided for public safety and security at the time of seasonal sale. It is further stated that Flower Bazar Area of Chennai City is a congested place and therefore Police cannot grant any temporary permission to huge number of persons to sell crackers during festival period as there is no parking facility. Paragraph No.12 to 14 of the counter affidavit are worth reproducing: 12. I submit that few applications were received from the shop owners to sell the crackers on retail basic for a short period at Island Ground, temporarily. The applications were returned for want of proper particulars. The petitioners Association and already constructed huge sheds in island ground to carry out the sales. The Joint Commissioner of Police, North Zone had already conducted a meeting with them and they have accepted to go to island ground for sale of crackers. Police has also assured that needed security will be provided for them in that place to regulate the buyers. 13. The Joint Commissioner of Police, North Zone had already conducted a meeting with them and they have accepted to go to island ground for sale of crackers. Police has also assured that needed security will be provided for them in that place to regulate the buyers. 13. I submit that the Police have not granted any permission to sell the crackers at Flower Bazaar Area in retail during the Deepavali festival on the grounds of safety and security of the public. 14. It is submitted that in the short span of time, the police cannot take any other alternative decisions in connection with selling of crackers during this festival, as expected by the petitioner. 11. Thus, it is seen that the Association of Fire Crackers Dealers/Traders have already constructed huge sheds in the Island Ground to carry out sales and the Police authorities have also planned detailed security arrangements to ensure safety and security of the public . 12. The third respondent in the contempt petition has filed a counter affidavit stating the in the present petitioners, the petitioners have not stated anything about the Writ Petitions being W.P.Nos. 23042 and 23085 of 2011, which were filed earlier and likewise, the proceedings in W.A.No.1977 of 2011 and the Review Application No.189 of 2011 and these matters have been suppressed. It is further stated that the petitioners have twisted the facts before the Supreme Court and have mislead the Court. It is further stated in paragraph No.8 of the counter affidavit that the following facts were not placed by the petitioners before the Supreme Court: a. That the authorities have already conceived a scheme for shifting the Diwali season cracker sales to Island Grounds last year itself. As per the 22/10/2011 proceeding of the Tamil Nadu Tourism Development Corporation (TTDC), who is the custodian of Island Grounds, more than 115 sellers shifted sales to Island Grounds in 2011. As per the annexure of the said proceedings all the applicants in sub application 501/2012 shifted the sales last year itself. b. For the current year of 2012 Diwali season sales, the Applicant Association along with another Association made application to TTDC on 08.08.2012 for allotting space in Island Grounds. The TTDC officials in their proceedings of 10.08.2012 put stipulations and directed the Association to deposit advance amount towards rental charges. b. For the current year of 2012 Diwali season sales, the Applicant Association along with another Association made application to TTDC on 08.08.2012 for allotting space in Island Grounds. The TTDC officials in their proceedings of 10.08.2012 put stipulations and directed the Association to deposit advance amount towards rental charges. On 23/08/2012 both the Associations deposited Rs.1.75 lakhs for construction and space rentals. 13. Further, from the counter affidavit it is seen that the Traders have paid advance on 23.08.2012 for shifting sales to Island Ground and thereafter they have file the present Applications after a lapse of two months and it is unfair on their part to play a double game. The learned counsel for the third respondent submitted that the Secretary of the Association Mr.Anees Raja has given a statement in the News Paper that they are moving the cracker sales to Island ground and the work is almost done and it is the earnest desire of all Traders that biggest Cracker Bazar in the whole of Asia should be inaugurated by the Hon'ble Chief Minister. It has been further stated by the Secretary and the stalls will be ready for business by 1st November 2012. 14. In the light of the above facts, we are of the clear view that there is absolutely no merit in these Applications filed by the petitioners. As noticed above, in view of the several orders passed by this Court in various writ petitions and writ appeals, referred supra, nothing remains to be clarified in the order passed in the Contempt Petition. From the uncontroverted facts mentioned above, it is evident that the petitioners and the other Traders have taken all steps to conduct their sale of crackers in the Island Ground and elaborate arrangements have been made by their Association. 15. In the light of the above, there is absolutely no merit in these Applications and accordingly the same are dismissed. No costs.