J.Krishnakumar v. K.Subbiah

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY J.Krishnakumar .. Petitioner Vs K.Subbiah Commissioner Pollachi Municipality Palakkad Road Pollachi - 642 001.

.. Respondent Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for willful disobedience of the order passed by this court on 5.1.2024 in W.P.No.227 of 2024. For the Petitioner : Mr.C.Saikrishnan for M/s.V.Srimathi For the Respondent : Mr.B.Anand

ORDER

(Order of the court was made by the Hon'ble Chief Justice) Heard Mr.C.Saikrishnan, learned counsel appearing on behalf

of M/s.V.Srimathi, learned counsel for the petitioner; and Mr.B.Anand, learned counsel for the respondent.

2. The contempt is filed of the order dated 5.1.2024 passed in W.P.No.227 of 2024.

3. Learned counsel for the petitioner submits that earlier, in respect of the same subject matter, order was passed on 26.9.2023 in W.P.No.20181 of 2023, however, no steps were taken for removal of the unauthorised constructions/encroachment. Subsequently, W.P.No.227 of 2024 was filed and this court on 5.1.2024 again issued directions for removal of illegal constructions and it was observed that if the officers of the Municipality do not take prompt action against the illegal constructions, then the same would be viewed seriously.

4. It is only two months since we have passed the order. Some reasonable time will have to be given to the authorities to act upon the order. If within three months from today no action is

taken, then the petitioner may file a contempt petition. The contempt petition is disposed of accordingly. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 13.03.2024 Index :

Yes/No Yes/No sasi

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

(sasi) 13.3.2024