Madras High CourtCONT P/767/2024closed

M.Vinoth v. Shalick

2024-04-17Honourable Mr Justice S.S. Sundar,Honourable Mr.Justice N.Senthilkumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2024 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR Contempt Petition No.767 of 2024 M.Vinoth ..

Petitioner v.

Mr.Shalick The Zonal Officer-03 Madhavaram Zone-03 Corporation of Greater Chennai No.1, Thattankulam Street Madhavaram Chennai 600 060 ..

Respondent Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for willful disobedience of the order dated 24.02.2021 made in W.P.No.4039 of 2021. For Petitioner ::

Mr.M.Thamizhavel For Respondent ::

Mr.D.B.R.Prabhu Standing Counsel

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This Court finds no willful disobedience of the direction of this Court. By order dated 24.02.2021 in W.P.No.4039 of 2021, this Court disposed of the writ petition with the following direction:- "8.Though the petitioner has prayed for a larger relief, this Court in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, either in his representation or in this writ petition, directs the 2nd respondent to put the petitioner as well as the 4th respondent on notice and thereafter, cause inspection of the alleged unauthorised construction being undertaken by the 4th respondent and if the result of the inspection reveals any infraction/violation of the relevant provisions of law/Regulations, shall take immediate, necessary and appropriate action in accordance with law, by also adhering to the principles of natural justice and complete the said exercise as expeditiously as possible and not later than eight

weeks from the date of receipt of a copy of this order/uploading of the order in the website and communicate the decision taken, to the petitioner as well as to the 4th respondent herein."

2. Pursuant to the above order, it appears that the respondent had initiated proceedings and the premises is now kept under lock and seal by the order of the respondent. Hence, this Court is of the view that the direction of this Court has been complied with. Even though it is stated by the petitioner that the respondent has not taken further steps to demolish the building, this Court is not inclined to pass any further order, except recording the fact that the respondent has complied with the direction of this Court in its letter and spirit. Therefore, recording the fact that the unauthorised construction put up by the fourth respondent in the writ petition in the subject premises is now sealed, this contempt petition is closed. It is open to the petitioner to workout his remedy to seek recovery of possession of the property in the manner known to law. Index : yes/no (S.S.S.R.,J.) (N.S.,J.)

17.04.2024 ss S.S.SUNDAR,J.

AND N.SENTHILKUMAR,J.

17.04.2024