Mr.J.Arumugam v. Vikram Kapur Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 29.06.2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M.VENUGOPAL Cont. P.No. 3425 of 2014 .....

Mr. J. Arumugam ... Petitioner Vs.

1. Thiru Vikram Kapur, I.A.S., Commissioner, Corporation of Chennai, Rippon Building, Chennai 600 003.

2. Thiru C. Vijayakumar, Zonal Officer, No. 120 Rajiv Gandhi Salai, Sholinganallur, Chennai 600 119.

... Respondents Petition filed under Section 11 of the Contempt of Courts Act 1971, to punish the respondents for their wilful disobedience of the order dated 14.08.2014 passed by this Court in W.P. No.21062 of 2014.

For petitioner :: Mr. Karthikeyan for M/s. S. Ilamvaludhi For Respondents :: Mr. A. Nagarajan

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) This contempt petition is filed seeking to punish the respondents for their wilful disobedience of the order dated 14.08.2014 passed by this Court in W.P. No.21062 of 2014.

2.

The second respondent has filed a report dated 24.06.2015 indicating that the order dated 14.08.2014 passed by this Court in W.P. No. 21062 of 2014 has been complied with. Thus, nothing survives in this contempt petition.

3.

Nonetheless, the learned counsel appearing for the petitioner, referring to the counter affidavit dated 14.08.2014 filed in W.P.No.21062 of 2014, submits that the averments made by the respondent in the report dated 24.06.2015 to the extent that the Corporation had neither demolished the compound wall belonging to the petitioner nor made any encroachment on the petitioner's property in S.No. 439/7, are contrary to the stand taken by the respondents in the above said counter affidavit filed in the writ petition, wherein, it is stated that the front side abutting the road was demolished, which was a part of the Corporation property.

4.

In that view of the matter, we grant liberty to the petitioner to take re-course to the Civil Court for damages/compensation, if so advised, on the purported stated fact that the property belonging to the petitioner has been damaged or destroyed by the Corporation.

5. This contempt petition is closed with the above said observation.

Ra SD/- DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/06/08/2015 One CC to Mr.S.Ilamvaludhi, Advocate SR.9719. To

1. The Commissioner Corporation of Chennai Ribbon Building, Chennai-600 003.

2. The Zonal Officer No.120, Rajiv Gandhi Salai, Sholinganallur, Chennai - 600 119.