A.Sivagurunathan v. K.Rajendran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:16.08.2017 Coram THE HONOURABLE Mr. JUSTICE M.VENUGOPAL AND THE HONOURABLE Mr. JUSTICE P.D.AUDIKESAVALU Contempt Petition No.2231 of 2015 A.Sivagurunathan .. Petitioner Vs.

K.Rajendran The Commissioner Sembakkam Municipality, Tambaram, Chennai - 73.

.. Respondent Prayer: Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the respondent herein for contempt for willful disobedience of the order of this Court passed in W.P.No.19319 of 2015 dated 02.07.2015. For Petitioner : M/s.O.Padmaprakash For Respondent : Mr.P.Srinivas

O R D E R

[Order of the Court was made by M.VENUGOPAL, J.] It is represented by the Learned Standing Counsel for the Respondent/Municipality that the Municipality has complied with the order passed by this Court in W.P.No.19319 of 2015 dated 02.07.2015.

2.In this connection, it may not be out of place for this Court to make a relevant mention that the Respondent/Commissioner of Sembakkam Municipality, Chennai had addressed a Communication in Na.Ka.No.9/2015 dated 24.02.2016 inter alia stating that since one Ravi had filed an Appeal seeking necessary permission thereto, till such time, he was directed not to carry out any further constructions and in this regard, the letter dated 25.09.2015 was issued to him and this particular fact was already informed to the Petitioner.

3.As a matter of fact, the Respondent/Municipality has considered the representation of the Petitioner on merits, of course, after providing opportunity of hearing to the 2nd Respondent. As such, this Court holds that nothing survives for adjudication in the present Contempt Petition and accordingly, the Contempt Petition is closed. It is made quite clear that the closure of the present Contempt Petition will not preclude the Petitioner in pursuing his remedies before the appropriate forum against the concerned, by raising all factual and legal pleas, of course, in the manner known to Law and in accordance with Law, if he so desires/ advised. (M.V., J.) (P.D.A., J.) Speaking Order 16.08.2017 Index :Yes / No Internet :Yes / No Sgl

To K.Rajendran The Commissioner Sembakkam Municipality, Tambaram, Chennai - 73.

M.VENUGOPAL, J.

and P.D.AUDIKESAVALU, J.

Sgl Cont.P.No.2231 of 2015 16.08.2017