Madras High CourtCONT P/2307/2016closed

The Order Of The Servants v. Mrs.R.Gajalakshmi

2017-08-28Honourable Mr Justice P.D.Audikesavalu,Honourable Mr Justice M. Venugopal4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE M.VENUGOPAL AND THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU Contempt Petition No.2307 of 2016 The Order of the Servants of Mary, Rep. by its Secretary Fr.Francis Xavier OSM, Jothi Matha Aalayam, No.5/301, Matha Koil Street, Rajeev Gandhi Road, Okiyampet, Chennai-600 097.

.. Petitioner Vs.

1. Mrs.R.Gajalakshmi, The District Collector, Kancheepuram District, Kancheepuram.

2. Mr.C.Jayakumar, The Tahsildhar, Sozhinganallur Taluk, Kancheepuram District.

3. Mr.D.Karthikeyan, The Commissioner, Corporation of Chennai, Chennai-600 003.

.. Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act to

punish the respondents 1 to 3 for flouting the order of this Court, dated 17.03.2016 passed in W.P.No.9882 of 2016 and committed contempt of this Court's order.

For Petitioner : Mr.R.Thanjan For Respondents : Mr.M.Elumalai, Govt. Advocate for RR-1 & 2 Mr.R.Arun Mozhi, Standing Counsel for R-3

ORDER

(The Order of the Court was made by M.Venugopal, J) Learned Standing Counsel appearing for the third respondent-Corporation of Chennai, informs this Court that the Regional Deputy Commissioner (South) of the third respondent-Corporation of Chennai, had passed an order on 13.01.2017 in Va.A.(K).Na.Ka.No.A9/7546/2016, inter-alia stating that the petitioner's request was rejected because of the reason that the shops in the petition-land could not be construed as having been encroached. In view of the fact that the aforesaid Regional Deputy Commissioner of the Corporation of Chennai had passed the order dated 13.01.2017, the Contempt Petition is closed as nothing further survives for adjudication.

2. It is abundantly made clear that the closure of the present Contempt Petition will not preclude the petitioner to assail the correctness of the said order dated 13.01.2017 of the Regional Deputy Commissioner (South) of Corporation

of Chennai, before the competent forum, of course, in the manner known to law and in accordance with law.

(M.V.J) (P.D.A.J) 28.08.2017 Index: Yes Internet: Yes cs Copy to

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildhar, Sozhinganallur Taluk, Kancheepuram District.

3. The Commissioner, Corporation of Chennai, Chennai-600 003.

M.VENUGOPAL, J and P.D.AUDIKESAVALU, J cs Cont.P.No.2307 of 2016 28.08.2017