Madras High CourtCONT P/1836/2014disposed of

T.Dhanalakshmi v. E.Sundaravalli Ias

2015-02-20Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2015

CORAM

THE HON'BLE MR. JUSTICE T.S.SIVAGNANAM CONTEMPT PETITION No.1836 of 2014 T.Dhanalakshmi .. Petitioner vs

1. E.Sundaravalli, IAS The District Collector Collectorate, Rajaji Salai Chennai 600 001.

2. Vikram Kapur, IAS The Commissioner Corporation of Chennai Ripon Buildings, Park Town Chennai 600 003.

3. Kasinathan The Assistant Engineer Zone VIII, Division No.116 Corporation of Chennai Teynampet, Chennai 600 018.

Respondents Contempt petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for having committed disobedience of the orders passed by this Court in W.P.No.24963 of 2011 dated 29.11.2012. For Petitioner ... Mr.N.Suresh For Respondents ... Mr.R.Vijayakumar, AGP for R1 No appearance for RR2 and 3

ORDER

This Contempt petition has been filed alleging wilful disobedience of the order passed by this Court in

W.P.No.24963 of 2011 dated 29.11.2012. In the said writ petition, the petitioner has sought for a direction to the respondents to remove the Cell Phone tower erected by the fourth respondent in the terrace of the writ petitioner's property. This Court disposed of the said writ petition by directing the respondents 1 to 3 to consider the representation of the petitioner.

2. It is seen that the first respondent is the District Collector, the second respondent is the Commissioner of Corporation of Chennai and the third respondent is the Assistant Engineer, Zone VIII of Corporation of Chennai.

3. The grievance of the petitioner is that even though the Zonal Officer, Zone-IX, Corporation of Chennai has directed the petitioner to appear before him for an enquiry on 19.02.2013 vide his proceedings in Z.O.IX.C.No.E4/Spl/2013 dated 11.02.2013 and the petitioner also attended the same with relevant records, till date no order has been passed. Hence, the present contempt petition.

4. Considering the fact that no order has been passed by this Court as against the third respondent herein, no contempt can be initiated at this stage. Further,it is seen that the respondent-Corporation has complied with the order passed by this Court by conducting an enquiry on 19.02.2013.

5. In the light of the above, this contempt petition is closed. However, there will be a direction to the respondents 2 and 3 to pass final orders on the enquiry conducted by the Zonal Officer, Zone-IX of Corporation of Chennai and the send the copy of the same to the petitioner as expeditiously as possible.

vj2 SD/ DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/03/03/2015 One CC to M/s.N.Suresh, Advocate, SR.2564 one CC to Government Pleader, SR.2562 To

1. E.Sundaravalli, IAS The District Collector Collectorate, Rajaji Salai Chennai 600 001.

2. Vikram Kapur, IAS The Commissioner Corporation of Chennai Ripon Buildings, Park Town Chennai 600 003.

3. Kasinathan The Assistant Engineer Zone VIII, Division No.116 Corporation of Chennai Teynampet, Chennai 600 018