Vgn Property Developers Pvt Ltd v. Rajasekar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.01.2020 C O R A M THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Contempt Petition No.85 of 2020 1 VGN PROPERTY DEVELOPERS PVT. LTD., REPRESENTED BY ITS AUTHORIZED SIGNATORY MR.A.RANGAPPAN, NO.153 WALLACE GARDEN, 2ND STREET, NUNGAMBAKKAM, CHENNAI 600 006.

...PETITIONER Vs.

1 RAJASEKAR ZONAL OFFICER ZONE 9 GREATER CHENNAI CORPORATION NO.1 4TH CROSS STREET NUNGAMBAKKAM CHENNAI 600 034.

... RESPONDENTS Prayer:

Contempt petition filed under Section 11 of the Contempt of Courts Act, 1971 to issue summon to the respondent for the willful disobedience of the order passed by this Honble Court dated 15.02.2019 in W.P.No.4342 of 2019. For Petitioner : Mr.P.S.Raman, Senior Counsel for Mr.C.Seethapathy For Respondent : Mrs.Karthikaa Ashok ****

O R D E R

According to the petitioner, by order, dated 17.12.2019 made in Cont.P.No.1595 of 2019, this Court passed the following order:

''The learned Standing Counsel appearing for the respondent Corporation would submit that the respondent Corporation has served notice to the

parties concerned and there is no response from the 7th respondent despite several opportunities granted.

She further submitted that today, eviction was carried out by the respondent Corporation against the 7th respondent. The learned counsel for the petitioner also accepted the submission made by the Standing counsel and stated that he will not pursue the contempt petition.

2.

In view of the aforesaid submissions made by the counsel on either side, the contempt petition is closed. No costs.''

2. The learned Senior counsel for the petitioner would submit that pursuant to the aforesaid order, the 7th respondent in the writ petition was putting up bunk shop and one Kasthuri has sent legal notice to the Corporation by informing that on the subject matter of shop, she filed writ petition in W.P.No.37085 of 2006 before this Court and the writ petition was disposed of on 29.9.2006 with a direction. Pursuant to the said order, no order has been passed. The learned Senior counsel further stated that the respondent Corporation did not inform to the petitioner subsequent erection in the aforesaid property and no opportunity was given to the petitioner.

3. In view of the above, the contempt petition filed by the petitioner cannot be entertained and the same is

liable to be rejected. However,liberty is granted to the petitioner to seek remedy before the appropriate forum. Accordingly, the contempt petition is closed. No costs. SD/- ASSISTANT REGISTRAR(COMM.CASES) vaan //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/14/02/2020 To ZONAL OFFICER, ZONE 9, GREATER CHENNAI CORPORATION, NO.1 4TH CROSS STREET, NUNGAMBAKKAM, CHENNAI 600 034.