Punitha v. Lourdhu Marry And 5 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2023

CORAM:

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN AND THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Contempt Petition No.1025 of 2023 Mrs.Punitha ...

Petitioner ...Vs...

1. Lourdhu Marry

2. Nehuraj

3. Dass 4.Augustin

5. Edward

6. Robert @ Ramesh 7.Gerald Assistant Engineer, Corporation of Chennai, Zone-6, Chennai-600012.

....

Respondents (Suo motu impleaded as 7th Respondent as per the order of this Court made in Cont.Petn.No.1025/2023 dated 12.06.2023) Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Respondents herein for having willfully and grossly violating the interim order of this Court in W.P.No.6128 of 2022 pronounced on 18.03.2022.

1/4

For Petitioner :

Mr.G.Mohanakrishnan For Respondents :

Ms. Y.Kavitha (R1 to R6) for M/s.PVS Giridhar Associates (R7) Mr.D.B.R.Prabhu Standing Counsel

O R D E R

This contempt petition is filed alleging non compliance of the order passed by this Court on 18.03.2022 in W.P.No.6128 of 2022.

2. When the matter was taken up for hearing on 07.11.2023, this Court passed the following order:

"The official respondent, viz., the seventh respondent is directed to remove the encroachments, as even according to him, there are encroachments. We make it clear that in case, the encroachments are not removed, besides taking action in the present contempt proceedings, this Court will also be constrained to direct initiation of disciplinary proceedings against the officials concerned for their inaction.

Post in the last week of November, 2023."

3. Today, when the matter was taken up for hearing, Mr.D.B.R.Prabhu, learned Standing Counsel for the 7th Respondent submitted that alleged encroachments have been removed by the officials of Greater Chennai Corporation. A compliance report dated 27.11.2023, along with photographs has been filed to that effect. Paragraph 6 of the said affidavit is extracted hereunder:

"6. I respectfully submit that the encroachments made in the land at Block No.2, T.S.No.74/15 was 2/4

removed by the officials of Greater Chennai Corporation with the help of police protection on 25.11.2023. Further, photographs were also taken at the time of removal of encroachments."

4. The said affidavit is taken on record. Since, the encroachments have been removed, pursuant to the orders of this Court, the debris shall be removed within a period of one week from the date of receipt of a copy of this order.

With the above directions, this Contempt Petition stands closed. [S.V.N,J.,] [S.S.K,J.,] 19.12.2023 arr 3/4

S.VAIDYANATHAN, J.

and SATHI KUMAR SUKUMARA KURUP, J.

arr Contempt Petition No.1025 of 2023 19.12.2023 4/4