Porur Gardens Residents Welfare Association v. Dr.T.Prabhushankar Ias., And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2025

CORAM

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR in W.P.No.4431 of 2019 Porur Gardens Residents Welfare Association, (Reg.No.244/2005) Represented by its Secretary K.Kesavan, Porur Gardens, Vanagaram, Chennai - 600 095.

... Petitioner/Petitioner Vs.

1.

T.Prabhushankar I.A.S., The District Collector Thiruvallur Collectorate, Thiruvallur.

R.Murali, Block Development Officer (V.P.)/ Special Officer, Villivakkam Panchayat Union, Ambattur, Chennai.

... Respondents/Respondents 2 & 4 Prayer: Contempt Petition filed under Section 11 and 12 of the Contempt of Courts Act, 1971, to punish the respondents herein for wilfully neglecting and disobeying the order of this Court dated 19.10.2023 in the above writ petition No.4431 of 2019.

For Petitioner : Ms.S.Meenakshi For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Today, this matter has been listed under the caption 'for reporting compliance.'

The contempt petition has been instituted to punish the respondents for their wilful disobedience of the order of this Court dated 19.10.2023 in W.P.No.4431 of 2019.

3.

The learned Counsel for the petitioner would submit that the respondents have not removed the superstructures from the subject property as per the directions issued by this Court.

4.

Mr.A.Selvendran, the learned Special Government Pleader appearing on behalf of the respondents would oppose by stating that additional structures in the temple were removed and there will not be any

further improvement or additions by any party in the OSR land. The extent of OSR land is 89240 sq.ft. Out of which, the temple occupies about 678 sq.ft. The Government is running a gym for the benefit of the youth residing in that locality by utilising 105 Sq.mtr of OSR land. Toilet is constructed in 17.5 sq.mtr and the primary health centre occupies 102 sq.mtr. Over head water tank is constructed in 16 sq.mtr area.

5.

Therefore, the respondents undertakes that they will not put up any further constructions in the said OSR land and will maintain the remaining OSR land as open area or maintain park for the benefit of the people of that locality.

6.

It is made clear, that the existing open area is to be maintained as park for the benefit of the people in that locality. The additional constructions made in the temple were removed. Thus, no further adjudication is required, since the respondents have not committed any wilful disobedience of the order of this Court and consequently, the Contempt Petition stands closed.

[S.M.S,J.] [K.R.S,J.] 12.02.2025 veda Index:Yes/No

Speaking order/Non-speaking order S.M.SUBRAMANIAM,J.

AND K.RAJASEKAR,J.

veda To 1.

The District Collector Thiruvallur Collectorate, Thiruvallur.

Block Development Officer (V.P.)/ Special Officer, Villivakkam Panchayat Union, Ambattur, Chennai.

12.02.2025