Madras High CourtCONT P/400/2020closed

S.Dhanalakshmi @ Rosaline Mary v. G.Prakash

2020-12-17Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.12.2020 CORAM :

THE HONOURABLE MR. JUSTICE M.M.SUNDRESH and THE HONOURABLE MR. JUSTICE M.DURAISWAMY S.Dhanalakshmi @ Rosaline Mary Represented by her Power of Attorney Mr.S.Israel Durai S/o.P.Sam Raj, 1 Surya Flats, Cholambedu Road, Krishnapuram, Ambattur, Chennai - 600 053.

...Petitioner

Vs.

1. G.Prakash, The Commissioner, Corporation of Chennai, Chennai 600 003.

2. R.Suresh Kumar, The Executive Engineer, Zone No, XII, Alandur, Corporation of Chennai, Division 162, Zone 12, Chennai.

...Respondents

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for willful disobedience and sheer negligence from complying with the order in W.P.No.9920 of 2019 dated 03.07.2019 passed by this Court.

For Petitioner : M/s.Usha Raman For Respondents : Mr.K.Rajashrinivasa

O R D E R

This Contempt Petition has been filed by the petitioner inter alia alleging that the order passed by this Court has not been complied with. On a perusal of the order passed, we find that this Court has merely issued a direction to the appropriate authority to look into the representation to be made by the petitioner.

2. Mr.Rajashrinivasa, learned counsel appearing for the Corporation submitted that on the petitioner's representation, it was found that in one place, no construction has taken place and therefore, no question of taking action would arise. In the other place, planning permission has been given by CMDA and therefore, the Corporation does not have any jurisdiction.

3. In such view of the matter, we do not find any wilful disobedience involved in this case. This Contempt Petition stands closed, giving liberty to the petitioner to work out her remedy in the manner known to law. SD/- ASSISTANT REGISTRAR(COMM.CASES) kmm/sra //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

IM/15/02/2021 To

1. The Commissioner Corporation of Chennai Chennai 600 003.

2. The Executive Engineer Zone No, XII, Alandur Corporation of Chennai, Division 162, Zone 12, Chennai.